California’s long-standing approach to offering in-state tuition and state financial aid to students without legal status is now the focus of a major federal challenge, as the Trump administration opens a new front in its campaign to roll back state immigration policies.
Federal officials filed suit Thursday in the U.S. District Court for the Eastern District of California, arguing that the state’s tuition and scholarship programs place U.S. citizens at a disadvantage and create incentives for unlawful immigration. The complaint targets California, a number of its senior officials, and both of its public university systems, the University of California and California State.
The case builds on a broader pattern. The administration has pursued similar litigation against other states, taking action in Illinois, Oklahoma, Minnesota, Kentucky and Texas. Roughly half of the states now maintain laws that resemble California’s, although some have reversed course under federal pressure. Texas repealed its long-time policy in June after being sued, and Florida abandoned its own eligibility rules for undocumented high school graduates last year.
Defenders of California’s tuition rules say the state is compliant with federal requirements as long as U.S. citizens meeting the same criteria qualify for identical rates. Under the California Dream Act, students who finished high school in the state and meet residency standards may apply for in-state tuition and access state-funded financial aid. Supporters frequently point out that many of these young people were brought into the country as children and have grown up within the same communities as their citizen classmates.
The new lawsuit comes on the heels of executive orders issued in February directing agencies to halt the flow of public benefits to immigrants living in the country without authorization and to confront state and local policies that federal officials argue favor them. The administration contends the lawsuit is another step in enforcing long-standing immigration statutes.
“California is illegally discriminating against American students and families by offering exclusive tuition benefits for non-citizens,” Attorney General Pamela Bondi said in a statement. “This marks our third lawsuit against California in one week — we will continue bringing litigation against California until the state ceases its flagrant disregard for federal law.”
The clash arrives as the Justice Department also challenges California’s voter-approved congressional maps and the state’s new rules that prohibit federal agents from wearing masks during operations and require visible identification.
Gov. Gavin Newsom’s office issued a strong rebuttal. “The DOJ has now filed three meritless, politically motivated lawsuits against California in a single week. Good luck, Trump. We’ll see you in court,” the statement said.
The University of California reaffirmed its backing for its long-established tuition structure. “While we will, of course, comply with the law as determined by the courts, we believe our policies and practices are consistent with current legal standards,” the university said.
The lawsuit surfaces only weeks after the California Supreme Court declined to block a ruling that found the UC system’s ban on campus jobs for students lacking legal immigration status to be discriminatory. University leaders cautioned that the decision complicates their already fragile relationship with federal officials following suspensions of research grants and a White House demand for a one billion dollar penalty tied to allegations of antisemitism and improper use of race in admissions at UCLA.
California State University, the largest public university system in the country, enrolls more than 460,000 students and reports that over one quarter of its undergraduates are the first in their families to attend college. The University of California educates roughly 300,000 students across its campuses, according to AP’s report.
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