DOJ Accuses California Of Unlawful Discrimination For Providing School Advantages To This Susceptible Group

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The U.S. Justice Division filed a swimsuit in opposition to California on Thursday, accusing the state of illegally discriminating in opposition to out-of-state U.S. residents by making undocumented college students eligible for in-state faculty tuition in the event that they meet sure standards.

“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 lawsuit states. “There are no exceptions.”

The DOJ took challenge with a provision in California’s Schooling Code that makes undocumented college students eligible for in-state tuition advantages at universities, together with resident tuition, scholarships and sponsored loans, so long as they’ve accomplished highschool in California or meet different necessities, and requested the courtroom to render it unconstitutional and invalid.

“This unequal treatment is squarely prohibited and preempted by federal law,” the grievance reads.

“California is illegally discriminating against American students and families by offering exclusive tuition benefits for non-citizens,” U.S. Lawyer Common Pam Bondi stated in a assertion.

“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,” she added.

U.S. Lawyer Common Pam Bondi speaks at a information convention on the Division of Justice on Nov. 19, 2025.

Eric Lee/Bloomberg by way of Getty Photographs

The lawsuit additionally names Gov. Gavin Newsom (D), state Lawyer Common Rob Bonta, the Board of Regents on the College of California, the Board of Trustees of the California State College and the Board of Governors of the California Neighborhood Schools as defendants.

“The DOJ has now filed three meritless, politically motivated lawsuits against California in a single week,” Izzy Gordon, a spokesperson for Newsom, stated in an announcement. “Good luck, Trump. We’ll see you in court.”

The California Supreme Courtroom beforehand rejected a problem to the legislation in 2010, and the U.S. Supreme Courtroom declined to take up the case.

The state’s largest undocumented group — roughly 70,000 college students — is attending the state’s neighborhood faculties, in response to The Los Angeles Instances. Moreover, as much as 4,000 undocumented college students are estimated to be enrolled on the College of California, whereas about 9,500 are learning throughout California State College campuses, the paper added.

The Trump administration has filed related lawsuits in opposition to Texas, Kentucky, Illinois, Oklahoma and Minnesota. Texas, a Republican-led state, has since complied with the Trump administration’s order to cease making undocumented college students eligible for in-state tuition, with state Lawyer Common Ken Paxton declaring that “ending this discriminatory and un-American provision is a major victory for Texas.”

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