Trump sues California for offering in-state tuition to undocumented college students
The Trump administration filed a federal lawsuit Thursday against California and its public university systems, alleging that the practice of offering in-state college tuition rates to undocumented immigrants graduating from California high schools is illegal.
SuitGovernor Gavin Newsom, state Atty. UC Board of Regents, Cal State University Board of Regents and California Community Colleges Board of Governors General Rob Bonta also intend to end some provisions in the California Dream Act that allow partially undocumented students to apply for state-funded financial aid.
“California unlawfully discriminates against American students and families by offering special tuition benefits to noncitizens,” the U.S. Attorney said. Gen. Pam Bondi said in a statement. “This is our third lawsuit against California in a week; we will continue to file lawsuits against California until the state stops blatantly ignoring federal law.”
Higher education and state officials were not immediately available for comment.
The tuition lawsuit targets Assembly Bill 540, which was passed with bipartisan support in 2001 and offered in-state tuition rates to undocumented students graduating high school in California. The law also provides in-state tuition to U.S. citizens who graduated from schools in California but moved out of state before enrolling in college.
It is estimated that between 2,000 and 4,000 students attending the University of California (about 296,000 total enrolled students) are undocumented. On California State University campuses, approximately 9,500 undocumented immigrants out of 461,000 students are enrolled. The state’s largest undocumented group, estimated at 70,000, is community college students.
The Trump administration’s objection to California’s tuition legislation centers on a 1996 federal law that says people without legal authorization to enter the United States “should not be eligible for any postsecondary aid based on their residence in a state…unless a U.S. citizen or national is eligible for such aid…regardless of whether the citizen or national is such resident.”
Because AB 540 applies to both citizens and noncitizens, scholars have debated whether this law affects California’s learning practices.
Thursday’s complaint was filed in the Eastern District of California and follows similar actions by the Trump administration against Texas, Kentucky, Illinois, Oklahoma and Minnesota.
