California has long been a testing ground for expansive government policies, with recent actions sparking widespread backlash across the nation.
Republican State Assemblyman Carl DeMaio recently criticized California’s policy granting in-state tuition benefits to undocumented immigrants, noting that U.S. citizens are forced to pay significantly higher costs if they are not residents of the state.
In a social media post, DeMaio denounced the practice as unfair, accusing California’s leadership of prioritizing undocumented students over American citizens seeking college education.
The Trump administration has filed a lawsuit against California in the U.S. District Court for the Eastern District of California, alleging that the state’s policy harms U.S. citizens and incentivizes illegal immigration. The suit names the state government, top officials, and California’s two public university systems—the University of California and California State universities—as defendants.
This action is part of a broader federal effort targeting states with similar policies. President Trump’s administration has sued other states including Illinois, Oklahoma, Minnesota, Kentucky, and Texas over in-state tuition programs for undocumented students. Over half the country currently maintains such laws.
In June, following the federal lawsuit, Texas terminated its longstanding law allowing in-state tuition for undocumented students. Florida recently repealed a similar policy for high school graduates who were not legally present in the U.S.
California is home to more than 102,000 undocumented students who have been eligible for in-state tuition since 2001 and state financial aid for over a decade, according to the Higher Education Immigration Portal. Governor Newsom has consistently opposed federal immigration enforcement measures, leading to multiple legal disputes with the Department of Justice.
Attorney General Pamela Bondi stated that California “illegally discriminates against American students and families by offering exclusive tuition benefits for non-citizens.” The Department of Justice has filed three lawsuits against California in a single week, with the state’s spokesperson, Marissa Saldivar, describing them as “meritless, politically motivated.”
In contrast, Texas and Oklahoma quickly aligned with federal authorities after similar lawsuits, ending their in-state tuition policies for undocumented students. Kentucky also halted its program shortly after being sued, though legal challenges persist.
