The Justice Department sued California in federal court on Thursday, claiming that providing in-state college tuition to unauthorized students is illegal and discriminates against Americans from out of state who pay higher rates.
The complaint, filed in the U.S. District Court for the Eastern District of California, is the latest action by the Trump administration against California. It is the third lawsuit filed by the Justice Department against the state in a week, Attorney General Pam Bondi said in a statement.
“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 government said in the complaint. “There are no exceptions.”
The complaint refers to California’s exemption from out-of-state rates for applicants, including undocumented students, who have graduated from the state’s high schools or meet education requirements at other institutions in the state. It asks the court to declare this rule unconstitutional and invalid, and to bar the defendants from enforcing it.
Gov. Gavin Newsom of California; Rob Bonta, the state’s attorney general; the University of California system; and California Community Colleges are listed among the defendants. None responded to requests for comment.
The rules targeted by the complaint affect thousands of undocumented students in California’s colleges and universities. The California Community Colleges system, with 116 campuses, is one of the largest in the country. Like the University of California system, it says it does not discriminate on the basis of an applicant’s immigration status.
California is not the first state to be targeted by the Trump administration over tuition benefits for undocumented students. The Justice Department has filed similar suits against Illinois, Kentucky, Texas, Minnesota and Oklahoma. The department noted its actions followed Trump executive orders earlier this year barring those not in the country legally from receiving taxpayer benefits or preferential treatment.
Qasim Nauman is a Times editor in Seoul, covering breaking news from around the world.
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