California has become a flashpoint in the national debate over state policies providing tuition benefits to undocumented immigrants, drawing criticism from Republican lawmakers and prompting federal legal action.
Republican State Assemblyman Carl DeMaio condemned California’s policy of offering in-state college tuition to illegal immigrants as unfair to American students who are required to pay tens of thousands of dollars more if they do not reside in the state. In a recent social media post, DeMaio accused left-leaning California officials of prioritizing undocumented individuals over U.S. citizens seeking higher education.
The Trump administration has filed a lawsuit against California for its policy granting in-state tuition, scholarships, and state-funded financial aid to students who are not legally present in the United States. The suit, filed Thursday in the U.S. District Court for the Eastern District of California, alleges that the practice harms American citizens and encourages illegal immigration.
The defendants include the state government, top state officials, and the University of California and California State university systems.
This action follows a pattern of federal lawsuits against states with similar policies. The administration has sued Illinois, Oklahoma, Minnesota, Kentucky, and Texas over in-state tuition benefits for undocumented students. In response to these lawsuits, Texas recently ended its decades-old law allowing such benefits, and Florida scrapped its policy last year.
California, however, maintains over 102,000 undocumented students permitted to pay in-state tuition rates since 2001 under specific criteria, with eligibility for state financial aid extending beyond a decade. Attorney General Pamela Bondi stated that California “is illegally discriminating against American students and families by offering exclusive tuition benefits for non-citizens.” The governor’s office spokesperson, Marissa Saldivar, countered: “The DOJ has now filed three meritless, politically motivated lawsuits against California in a single week.”
Other states have similarly responded to federal challenges. Kentucky recently agreed to end its policy of offering in-state tuition to undocumented students after the DOJ sued, though legal battles continue.