Justice Department sues California over in-state tuition for immigrants

(CN) — The U.S. Justice Department on Thursday sued California over a state law provision that allows immigrant college students without permanent legal status to pay in-state tuition that isn’t available for out-of-state students.

Federal law, according to the Justice Department in its complaint filed in Sacramento, makes individuals who are unlawfully present in the U.S. ineligible for postsecondary education benefits based on state residency unless those same benefits are offered to all U.S. citizens, regardless of their state of residence.

“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 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."

Tuition for out-of-state students at the University of California and the California State University is roughly three times as much as that for state residents. Both university systems, as well as California’s community colleges, allow that students who live in the state without legal immigration status can qualify as California residents if they meet certain criteria as stipulated by state law.

These students are also eligible for scholarships and subsidized loans that aren’t available to out-of-state U.S. citizens, according to the Justice Department.

The lawsuit adds to barrage of litigation between the Trump administration and the left-leaning state — including challenges to California’s policy of allowing transgender students to participate on female college and high-school sports teams and California’s recent redrawing of its electoral map to benefit Democrats, as well as lawsuits over federal funding cuts at universities that don’t adhere to the president’s political agenda.

The Justice Department says that the California laws that allow immigrants without legal status in-state tuition benefits are preempted by federal law and should be blocked. The department lists California Governor Gavin Newsom, Attorney General Rob Bonta, 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 as defendants.

Additionally, the Justice Department is asking for a court order stopping California from enforcing its so-called “California Dream Act,” which affords scholarships and subsidized loans to immigrants who don’t have legal authority to live in the country.

The lawsuit is prompted by two of President Donald Trump’s executive orders that seek to ensure such immigrants aren’t obtaining taxpayer benefits or preferential treatment, the Justice Department said.

One of these executive orders that Trump signed Feb. 19, entitled “Ending Taxpayer Subsidization of Open Borders,” requires that federal agencies ensure that no taxpayer-funded benefits go to “unqualified aliens.” The other, “Protecting American Communities From Criminal Aliens,” calls for an end to of state and local laws and policies that favor immigrants over U.S. citizens.

“These orders emphasize that federal and state governments must not grant greater benefits to individuals who are unlawfully present in the United States than to American citizens,” the Justice Department said in the complaint. ‘They also reflect Congress’s intent—expressed in multiple provisions of the Immigration and Nationality Act — to reduce incentives for illegal immigration by limiting access to certain public benefits."

Representatives of the California attorney general declined to comment.

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