The U.S. Justice Department filed a suit against California on Thursday, accusing the state of illegally discriminating against out-of-state U.S. citizens by making undocumented students eligible for in-state college tuition if they meet certain criteria.
“Federal law prohibits aliens illegally present in the United States from receiving in-state tuition benefits that are denied to out-of-state U.S. citizens,” the lawsuit states. “There are no exceptions.”
The DOJ took issue with a provision in California’s Education Code that makes undocumented students eligible for in-state tuition benefits at universities, including resident tuition, scholarships and subsidized loans, as long as they have completed high school in California or meet other requirements, and asked the court to render it unconstitutional and invalid.
“This unequal treatment is squarely prohibited and preempted by federal law,” the complaint reads.
“California is illegally discriminating against American students and families by offering exclusive tuition benefits for non-citizens,” U.S. Attorney General Pam 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,” she added.
Eric Lee/Bloomberg via Getty Images
The lawsuit also names Gov. Gavin Newsom (D), state Attorney General Rob Bonta, the Board of Regents at the University of California, the Board of Trustees of the California State University and the Board of Governors of the California Community Colleges as defendants.
“The DOJ has now filed three meritless, politically motivated lawsuits against California in a single week,” Izzy Gordon, a spokesperson for Newsom, said in a statement. “Good luck, Trump. We’ll see you in court.”
The California Supreme Court previously rejected a challenge to the law in 2010, and the U.S. Supreme Court declined to take up the case.
The state’s largest undocumented group — roughly 70,000 students — is attending the state’s community colleges, according to The Los Angeles Times. Additionally, up to 4,000 undocumented students are estimated to be enrolled at the University of California, while about 9,500 are studying across California State University campuses, the paper added.
The Trump administration has filed similar lawsuits against Texas, Kentucky, Illinois, Oklahoma and Minnesota. Texas, a Republican-led state, has since complied with the Trump administration’s order to stop making undocumented students eligible for in-state tuition, with state Attorney General Ken Paxton declaring that “ending this discriminatory and un-American provision is a major victory for Texas.”