Trump is suing California for offering out-of-state tuition to undocumented college students

The Trump administration on Thursday filed a federal lawsuit against California and its public university systems, claiming it is illegal to offer state college tuition rates to undocumented immigrants who graduate from California high schools.

The suit, filed by Gov. Gavin Newsom, named State Atty. General Rob Bonta, the UC Board of Regents, the Cal State University Board of Trustees and the Board of Governors for California Community Colleges are also trying to end provisions in the California Dream Act that allow undocumented students to apply for state-sponsored financial aid.

“California illegally discriminates against American students and families by offering special tuition benefits to non-citizens.” Gen. Pam Bondi said in a statement from the Justice Department that the government has a “blatant disregard for federal law.”

“These laws unlawfully discriminate against U.S. citizens by not offering the same reduced tuition rates, scholarships, or subsidies, create incentives for illegal immigration, and grant illegal immigrants privileges that U.S. citizens are not eligible for, all of which are in direct conflict with federal law.”

“The DOJ has now filed three frivolous, politically motivated lawsuits against California in one week. Good luck, Trump. We’ll see you in court,” Newsom spokesman Izzy Gordon said. Other lawsuits are against efforts to repeal Proposition 50 and a state law that prohibits federal immigration agents from covering themselves with masks.

Spokesmen for Bonta and CSU declined to comment, saying they had not seen a copy of the complaint. A UC spokesperson did not respond to a request for comment.

The tuition suit targets Assembly Bill 540, which passed in 2001 with bipartisan support and offers in-state tuition rates to undocumented students who complete a bachelor’s degree in California. The law also offers in-state tuition to U.S. citizens who graduate from California schools but leave the state before enrolling in college.

Between 2,000 and 4,000 students attending the University of California — with a total enrollment of approximately 296,000 — are estimated to be undocumented. About 9,500 of the 461,000 students on California State University campuses are registered undocumented immigrants. The state’s largest undocumented group, estimated at 70,000, are community college students.

The Trump administration’s challenge to California’s education law focuses on a 1996 federal law that says people in the United States must not be “eligible based on residency in a state … for a postsecondary education benefit unless a U.S. citizen or national is eligible for such benefit … regardless of nationality or citizenship.”

Critics say the law does not specifically address tuition rates. Some courts have interpreted the word “benefit” to include affordable education.

Scholars have also debated whether the federal law affects California tuition rates because it applies to citizens and noncitizens alike.

The California law has withstood previous challenges. The state Supreme Court upheld this in 2010 after out-of-state students sued. The US Supreme Court rejected the appeal of the case.

In those cases, the judges said that undocumented immigrants received better treatment not because of their immigration status but because they attended and graduated from California schools. They said U.S. citizens who graduate from public schools have the same opportunity.

The complaint was filed in the Eastern District of California on Thursday. It follows actions the Trump administration has taken against teaching practices in Texas, Kentucky, Illinois, Oklahoma and Minnesota.

In June, after the Trump administration sued Texas over the law, the state agreed to stop offering in-state tuition to undocumented immigrant students.