Trump Administration Challenges California’s Tuition Policy for Undocumented Students
On Thursday, the Trump administration filed a lawsuit at the federal level targeting California and its public universities. The legal challenge claims that offering in-state tuition rates to undocumented immigrants who have graduated from the state's high schools is not in compliance with federal law.
The lawsuit, which lists Gov. Gavin Newsom, Attorney General Rob Bonta, and the governing bodies of California's community colleges and universities as defendants, also seeks changes to provisions in the California Dream Act. This act enables undocumented students to apply for financial aid funded by the state.
Accusations of Discrimination
U.S. Attorney General Pam Bondi accused California of discriminating against American citizens by providing unique tuition discounts to non-citizens. Bondi stated, "This represents our third lawsuit against California in a single week — we aim to continue our legal efforts until California aligns its policies with federal law."
Officials from California's higher education system were not available for immediate comment on the lawsuit.
Focus on Assembly Bill 540
The legal action targets Assembly Bill 540, a bipartisan measure that permits undocumented students who have completed high school in California to pay tuition at in-state rates. Additionally, this law benefits U.S. citizens who graduated from California schools before relocating out of state for college.
Within the University of California system, there are an estimated 2,000 to 4,000 undocumented students among almost 296,000 enrolled students. The California State University system hosts around 9,500 undocumented students out of a total of 461,000. The largest number of undocumented students, approximately 70,000, attend community colleges across the state.
Legal Basis and Debate
The Trump administration's case questions the compatibility of California’s tuition policy with a 1996 federal statute. This law specifies that those without legal permission to reside in the U.S. should not receive state-based education benefits unless these benefits are equally accessible to citizens, without considering residency status.
There has been ongoing debate among legal scholars regarding whether this federal law impacts California’s tuition regulations, particularly since AB 540 extends its benefits to both citizens and non-citizens.
The lawsuit was filed in the Eastern District of California and is part of a series of similar legal actions taken by the Trump administration in states including Texas, Kentucky, Illinois, Oklahoma, and Minnesota.
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