The U.S. Department of Justice has filed a lawsuit against California for providing undocumented immigrants with college aid, including in-state tuition.
The lawsuit, filed in California’s Eastern District Court on Thursday, claims that federal law prohibits undocumented immigrants from receiving in-state tuition that is denied to out-of-state citizens. California provides in-state tuition benefits, scholarships and subsidized loans to undocumented students.
The suit claims that this “unequal treatment is squarely prohibited and preempted by federal law.” It notes that the federal government has successfully challenged other states, including Oklahoma and Texas, with similar laws in federal court.
University of California spokeswoman Rachel Zaentz told the New York Times that the institution followed state and federal laws regarding eligibility for in-state tuition, financial aid and scholarships.
“While we will, of course, comply with the law as determined by the courts, we believe our policies and practices are consistent with current legal standards,” she said.
Since 2011, the California Dream Act has allowed undocumented immigrants to receive financial aid from the state and other institutions if they meet certain criteria, such as graduating from a California high school or attending one for at least three years.
The suit names Gov. Gavin Newsom, State Attorney General Rob Bonta, the regents of the University of California, the board of governors of the California State University system, and the board of governors of the California Community Colleges system.
This story originally appeared in EdSource.