The Trump administration filed a federal suit Thursday against California and its public university systems, alleging its practice of offering in-state college tuition rates to undocumented immigrants who graduate from California high schools is illegal.
The suit, which named Gov. Gavin Newsom, state Atty. Gen. Rob Bonta, the UC Board of Regents, the Cal State University Board of Trustees and the Board of Governors for the California Community Colleges, also seeks to end some provisions in the California Dream Act, which in part allows students who lack documentation to apply for state-funded financial aid.
“California is illegally discriminating against American students and families by offering exclusive tuition benefits for non-citizens,” U.S. Atty. Gen. 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.”
Higher education and state officials were not immediately available to comment.
The tuition suit targets Assembly Bill 540, which passed with bipartisan support in 2001 and offers in-state tuition rates to undocumented students who completed high school in California. The law also offers in-state tuition to U.S. citizens who graduated from California schools but moved out of the state before enrolling in college.
Between 2,000 and 4,000 students attending the University of California — with its total enrollment of nearly 296,000 — are estimated to be undocumented. Across California State University campuses, there are about 9,500 immigrants without documentation enrolled out of 461,000 students. The state’s biggest undocumented group, estimated to be 70,000, are community college students.
The Trump administration’s challenge to California’s tuition policy focuses on a 1996 federal law that says people in the U.S. without legal permission should “not be eligible on the basis of residence within a state … for any post-secondary education benefit unless a citizen or national of the United States is eligible for such a benefit … without regard to whether the citizen or national is such a resident.”
Scholars have debated whether that law affects California’s tuition practices since AB 540 applies to citizens and non-citizens alike.
Thursday’s complaint was filed in Eastern District of California, and follows similar actions the Trump administration has taken against Texas, Kentucky, Illinois, Oklahoma, and Minnesota.
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