The Trump administration has escalated its legal confrontation with California by filing a federal lawsuit challenging the state's long-standing policy of providing in-state tuition benefits to undocumented students at public universities.
Third Lawsuit in One Week
The justice department initiated legal proceedings on Thursday, marking the third time within a single week that the federal government has taken California to court. The lawsuit, filed in the US district court for the eastern district of California, alleges that the state's tuition policies for undocumented students disadvantage American citizens.
US Attorney General Pamela Bondi stated emphatically: "California is illegally discriminating against American students and families by offering exclusive tuition benefits for non-citizens. 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."
California's Tuition Policy Under Fire
At the heart of the legal challenge is California's policy that enables certain students, including those without legal immigration status, to qualify for reduced in-state tuition rates at public universities. The state's regulations permit students who have completed three full-time years or equivalent at California high schools, adult high schools, or community colleges to access these benefits regardless of their immigration status.
Furthermore, the California Dream Act, legislation passed in 2011, allows undocumented students to apply for state-based financial assistance, including scholarships and subsidised loans. It's important to note that these students remain ineligible for federal financial aid programmes.
The justice department's complaint argues that federal law explicitly prohibits individuals illegally present in the United States from receiving in-state tuition benefits that aren't available to out-of-state American citizens. The lawsuit seeks a judicial declaration that California's policy is unconstitutional and requests a permanent injunction against its enforcement.
Broader National Context
This legal action forms part of a wider pattern of challenges by the Trump administration against similar policies in states across America. The administration has previously filed lawsuits targeting tuition policies in Illinois, Oklahoma, Minnesota, Kentucky and Texas.
Notably, approximately half of US states currently maintain policies similar to California's regarding tuition benefits for undocumented students. However, some states have recently reversed their positions under legal pressure. Texas ended its decades-old law in June following administration litigation, while Florida scrapped its comparable policy last year.
Supporters of California's approach contend that these policies don't violate federal law when they provide identical tuition rates to American citizens meeting the same residency and educational criteria. Many beneficiaries of these policies were brought to the United States as children by their parents and have spent most of their lives in American communities.
The University of California system has defended its position, stating: "While we will, of course, comply with the law as determined by the courts, we believe our policies and practices are consistent with current legal standards."
This legal challenge arrives amidst other tensions between California's higher education institutions and the federal government, including suspensions of federal research grants and allegations concerning admissions practices at UCLA.
