On Nov. 20, the Trump administration filed a lawsuit against California, Gov. Gavin Newsom, the attorney general and the governing boards of the University of California, California State University and the California Community College system, which includes LPC. The lawsuit challenges California’s policies on tuition benefits for undocumented immigrants.
Federal law prohibits undocumented immigrants from receiving in-state tuition if those same benefits are not available to out-of-state U.S. citizens. California law, however, allows undocumented students who meet certain criteria to receive resident tuition rates at public colleges and universities.
Under the California Education Code, eligible undocumented students can qualify for resident tuition, scholarships, loans and other state financial aid. Meanwhile, U.S. citizens from other states are required to pay out-of-state tuition. This discrepancy is the primary basis of the Trump administration’s lawsuit.
The lawsuit cites a federal statute that says “an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State … for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit … without regard to whether the citizen or national is such a resident.”
In other words, an undocumented immigrant is not eligible for in-state tuition because other Americans are not eligible for it.
California isn’t the only state facing federal challenges. The administration has filed similar lawsuits in Texas and Oklahoma. Some states, like Texas, took measures to change their laws with the administration’s approval, but almost half of the states in the country have or enacted laws similar to California’s.
At the center of the dispute in California is the California Dream Act, which provides aid to eligible students — including undocumented students — allowing them to receive the previously mentioned benefits. These include lower tuition rates, scholarships, loans and other financial aid services. The program has been widely used by students at Las Positas College.
The issue remains politically charged. In a statement regarding the lawsuits, U.S. Attorney General Pamela Bondi accused California of “illegally discriminating against American students and families by offering exclusive tuition benefits for non-citizens.”
The tuition lawsuit is one of three the Trump administration filed against California during the same week. The others challenge the state’s recently approved congressional districts under Proposition 50, and a requirement that federal agents wear masks and identification while operating in the state.
Newsom’s office responded in a statement that “The DOJ has now filed three meritless, politically motivated lawsuits against California in a single week.” The statement concluded with a message directed at the White House: “Good luck, Trump. We’ll see you in court.”
The University of California defended its practices, saying they comply with the law and that the system will follow the court’s ruling. The defense comes shortly after a California Supreme Court decision found UC’s policy prohibiting undocumented students from holding jobs on campus to be discriminatory.
This new lawsuit is a strike against California’s higher education system, which has already faced withdrawals and policy disputes under the administration. The outcome of this case would put pressure on California’s educational system, which is already under fire, and would require compliance.
Las Positas College and its students would be among those most affected by the Trump administration’s actions, with many losing access to the tuition assistance and financial aid they currently rely on. A ruling against California would send shockwaves through the state’s community colleges, creating the same challenges that students at LPC would face.
The outcome of this case will impact thousands of California students, and for now, colleges and communities are waiting for the court’s decision.
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TOP PHOTO: Federal law states that undocumented immigrants are not eligible for postsecondary education benefits based on residency unless those same benefits are available to all U.S. citizens. Under the California Education Code, undocumented students who qualify may receive state-funded scholarships, grants, loans and other forms of financial assistance. (Illustration by Mel Llamas/ Special to The Express)
Musa Ashraf is the Arts & Entertainment Editor for the Express. Follow him on X, @MusaZash.
