DOJ Sues California To End In-State College Tuition For Illegal Immigrants

U.S. Attorney Pamela Bondi has filed a federal court complaint challenging laws in the Golden State that provide in-state tuition rates, scholarships, and subsidized loans to illegal immigrants, she said on Thursday.

Those laws are unconstitutional and discriminate against American citizens who are not afforded the same benefits to attend colleges and universities, she said in a Nov. 20 statement.

“This marks our third lawsuit against California in one week,” she said.

“We will continue bringing litigation against California until the state ceases its flagrant disregard for federal law.”

As Aaron Gifford reports for The Epoch Times, the lawsuit, filed in the Eastern District of California federal court, names California Gov. Gavin Newsom and other agencies that oversee the state’s public university system.

The lawsuit said the “California Dream Act,” which exclusively provides scholarships and subsidized loans, is illegal and unconstitutional.

It cites two executive orders signed by President Donald Trump earlier in 2025 that prohibit illegal immigrants from obtaining taxpayer benefits or preferential treatment.

The Epoch Times has reached out to Newsom’s press office.

Under a 1996 law passed under President Bill Clinton, the Illegal Immigration Reform and Immigrant Responsibility Act, public universities cannot charge U.S. citizens out-of-state tuition rates if they are providing in-state discounts to illegal immigrants.

The DOJ previously filed similar lawsuits against five states. Texas, Oklahoma, and Kentucky complied with the federal agency’s request and no longer offer discounted tuition to illegal immigrants, while cases are pending against Illinois and Minnesota.

In-state tuition at most of California’s public colleges and universities is less than $10,000 annually, but out-of-state tuition exceeds $30,000, according to the National Center for Education Statistics.

About 62 percent of the nation’s foreign-born population lives in states with “tuition-equity” laws, according to an Aug. 6 report from the National Immigration Law Center.

More than 500,000 illegal immigrants are enrolled at U.S. colleges and universities, both public and private.

California leads with 103,000, followed by Texas with 73,000, and Florida with 49,000, according to the Higher Ed Immigration Portal.

The California State University system website notes that its Dream Center offers benefits exclusively for students who are the children of illegal immigrants or are illegal immigrants themselves.

This includes grants, loans, scholarships, legal assistance, and various campus support services.

“We seek support for our Dreamers and DACA recipients—and those across the country—to honor their humanity, to remove inequitable and unfair barriers that stand between them and the fulfillment of their personal and professional dreams,” Mildred García, the state university system chancellor, says in a statement on the website.

“That’s what the CSU stands for—that’s what we do—and at a scale greater than any other university system in the world.”