The U.S. Department of Justice filed a lawsuit against California on Thursday, accusing the state of illegally discriminating against U.S. citizens from other states by making undocumented students eligible for in-state college tuition if they meet certain criteria.

“Federal law prohibits aliens unlawfully present in the United States from receiving in-state tuition benefits that are denied to U.S. citizens from other states,” the lawsuit states. “There are no exceptions.”

The DOJ took issue with a provision of the California Education Code that makes undocumented students eligible to receive in-state tuition benefits at universities, including in-state tuition, scholarships and subsidized loans, as long as they have completed high school in California or meet other requirements, and asked the court to declare it unconstitutional and invalid.

“This disparate treatment is strictly prohibited and prevented by federal law,” the complaint reads.

“California is illegally discriminating against American students and families by offering exclusive tuition benefits to non-citizens,” US Attorney General Pam Bondi said in a statement.

“This is our third lawsuit against California in a week; we will continue to pursue litigation against California until the state stops its blatant disregard for federal law,” he added.

United States Attorney General Pam Bondi speaks at a press conference at the Department of Justice on November 19, 2025.
United States Attorney General Pam Bondi speaks at a press conference at the Department of Justice on November 19, 2025.

Eric Lee/Bloomberg via Getty Images

The lawsuit also names as defendants Gov. Gavin Newsom (D), state Attorney General Rob Bonta, the University of California Board of Regents, the California State University Board of Trustees, and the Board of Governors of the California Community Colleges.

“The Department of Justice has filed three meritless and politically motivated lawsuits against California in a single week,” Newsom spokesperson Izzy Gordon said in a statement. “Good luck, Trump. See you in court.”

The California Supreme Court previously rejected a challenge to the law in 2010, and the U.S. Supreme Court declined to take up the case.

The state’s largest undocumented group (approximately 70,000 students) attends the state’s community colleges, according to The Los Angeles Times. Additionally, it is estimated that up to 4,000 undocumented students are enrolled at the University of California, while around 9,500 study on California State University campuses, the newspaper added.

The Trump administration has filed similar lawsuits against Texas, Kentucky, Illinois, Oklahoma and Minnesota. Texas, a Republican-led state, has since complied with the Trump administration’s order to stop making undocumented students eligible for in-state tuition, with state Attorney General Ken Paxton declaring that “ending this discriminatory and un-American provision is a huge victory for Texas.”