BUZZ
California is violating federal law, according to a new lawsuit filed by the Department of Justice.
The state effectively in-state tuition to illegal immigrants, which violates a federal prohibition against the practice. University of California does so, for example, by allowing for in-state tuition rates to illegal immigrants who attended school for three years in the state and graduated from high school.
Federal law forbids states from offering better tuition deals to illegal immigrants who reside in the state than it does to Americans from other states.
This illegal “unequal treatment,” according to the lawsuit filed on Nov. 20.
Plaintiffs include Governor Gavin Newsom and the regents for the state university and community college systems.
“California is illegally discriminating against American students and families by offering exclusive tuition benefits for non-citizens,” Attorney General Pam Bondi stated in a news release. “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.”
“Good luck, Trump. We’ll see you in court,” Governor Newsom’s office told the media. The DOJ filed two other lawsuits last week against California, according to Inside Higher Ed.
“The DOJ filed another lawsuit against the state on Monday, after Newsom signed a bill banning face coverings for federal immigration agents,” the news outlet reported. “The DOJ also recently sued Newsom and California Secretary of State Shirley Weber over the state’s redistricting plan.”
This is the sixth lawsuit to enforce the 1996 immigration law, signed by President Bill Clinton, which includes the tuition requirement. This section of the law has never been enforced, even under the first Trump administration, as The Fix previously reported.
The statute says:
Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.
Currently, 22 states discriminate against American citizens from out-of-state, according to an October report by The Fix. However, Texas, Oklahoma, and Kentucky have ended their programs following the lawsuits, as The Fix previously reported.
Other states, including Illinois, plan to defend the legality of their programs.
