This post was updated Nov. 20 at 10:31 p.m.
The Trump administration filed a lawsuit Thursday alleging that a California law offering in-state tuition to certain undocumented students is illegal.
The suit, filed in the United States District Court for the Eastern District of California, challenges California Assembly Bill 540, which went into effect in 2001 and allows undocumented students who attended a California high school for at least three years and then graduated to receive in-state tuition. The law also applies to U.S. citizens who meet the same requirements but moved out of California before attending college.
The lawsuit alleges that the policy hurts out-of-state U.S. citizens because they are ineligible for AB 540 exemptions.
Defendants in the suit include Gov. Gavin Newsom and the UC Board of Regents. The California State University Board of Trustees and California Community Colleges Board of Governors are also listed as defendants.
“This unequal treatment is squarely prohibited and preempted by federal law,” the Trump administration alleged in its lawsuit.
The California Student Aid Commission estimates that there are nearly 100,000 undocumented college students in California – the majority of whom attend community colleges. An estimated 4,000 undocumented students attend UC schools.
The lawsuit also targets parts of the California Dream Act, which allows eligible undocumented students to apply for state financial aid. Undocumented students are ineligible for federal financial aid.
“California is illegally discriminating against American students and families by offering exclusive tuition benefits for non-citizens,” U.S. Attorney General Pamela Bondi said in a written statement. “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 comes after similar challenges by the Trump administration against undocumented student tuition policies in Illinois, Kentucky, Minnesota, Oklahoma and Texas. In Texas, state officials asked a court to side with the federal government on the issue – and a judge granted a permanent injunction in the case June 4, blocking the law that provided in-state tuition to undocumented students.
The California Supreme Court upheld a lower court’s decision, which said the UC cannot bar undocumented students from holding on-campus jobs Oct. 29.
[Related: CA Supreme Court reaffirms UC cannot bar undocumented students from on-campus jobs]
“The DOJ has now filed three meritless, politically motivated lawsuits against California in a single week,” a spokesperson for Newsom’s office said in an emailed statement. “Good luck, Trump. We’ll see you in court.”
The UC Office of the President did not respond in time for a request to comment on the lawsuit.
Diego Bollo, the president of the Undergraduate Students Association Council, said he is disappointed but not surprised by the lawsuit. He and other USAC members plan to urge UC leaders to fight the lawsuit, he added.
“It’s my responsibility as president to advocate for and stand up for all students, regardless of their immigration status, and we’ll continue to do that because our undocumented students are our peers and our colleagues,” Bollo said.
