“California is illegally discriminating against American students and families by offering exclusive tuition benefits for non-citizens.”
Filed in the Eastern District of California, the complaint targets the State of California, Governor Gavin Newsom, the California Attorney General, and the governing bodies of the University of California, California State University, and the California Community Colleges. Federal officials are seeking to block the enforcement of the laws and compel the state to align its policies with federal requirements.
According to the Justice Department, California’s policies provide financial advantages to illegal immigrants that are not available to US citizens who reside outside the state. The complaint contends that the laws create incentives for illegal immigration and violate federal statutes governing the treatment of non-citizens.
“California is illegally discriminating against American students and families by offering exclusive tuition benefits for non-citizens,” said US Attorney General Pamela Bondi. “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.”
The lawsuit targets two major components of California’s higher education policies: State law requires public colleges and universities to grant in-state tuition to all noncitizens who maintain California residency, regardless of their immigration status.
The second is the California Dream Act, which allows students who are illegal aliens to access state-funded scholarships and subsidized loans. Federal officials argue that these benefits unlawfully extend taxpayer-funded support to individuals who are not lawfully present in the country.
The lawsuit comes on the heels of two recent executive orders signed by President Donald Trump, "Ending Taxpayer Subsidization of Open Borders" and "Protecting American Communities From Criminal Aliens," both directives that aim to restrict access to federal and state benefits for illegal aliens.
The administration had mounted similar legal challenges in Texas, Kentucky, Illinois, Oklahoma, and Minnesota.
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