The Justice Department Files Complaint Challenging California Laws Providing In-State Tuition, Scholarships, and Subsidized Loans for Illegal Aliens

WASHINGTON – Today, The United States is challenging California laws providing in-state tuition, scholarships, and subsidized loans for illegal aliens. These laws unconstitutionally discriminate against U.S. citizens who are not afforded the same reduced tuition rates, scholarships, or subsidies, create incentives for illegal immigration, and reward illegal immigrants with benefits that U.S. citizens are not eligible for, all in direct conflict with federal law.

“California is illegally discriminating against American students and families by offering exclusive tuition benefits for non-citizens,” said 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 Department of Justice’s complaint is filed in the Eastern District of California against the State of California, Governor Newsom, the State Attorney General, and the Regents of the University of California, the Board of Trustees of the California State University, and the Board of Governors of the California Community Colleges seeking to enjoin the State from enforcing the California laws and bring them into compliance with federal requirements.

In the complaint, the United States seeks to enjoin enforcement of California laws that requires colleges and universities to provide in-state tuition rates for all aliens who maintain California residency, regardless of whether those aliens are lawfully present in the United States. Additionally, the complaint seeks to enjoin California from enforcing its so-called “California Dream Act” which affords scholarships and subsidized loans to illegal aliens.

This lawsuit follows two executive orders signed by President Trump that seek to ensure illegal aliens are not obtaining taxpayer benefits or preferential treatment: “Ending Taxpayer Subsidization of Open Borders” and “Protecting American Communities From Criminal Aliens.” This lawsuit also follows similar tuition lawsuits in Texas, Kentucky, Illinois, Oklahoma, and Minnesota.