U.S. Attorney General Pam Bondi
SACRAMENTO - California has become the latest state targeted by federal actions over the state's decision to offer reduced college tuition rates and other preferential treatments to illegal immigrants.
On Nov. 20, the Justice Department filed suit in Sacramento federal court against Gov. Gavin Newsom and other California state officials, accusing them of illegally granting such benefits to people who are not legally residing in the United States, even as the state denies such benefits to other American citizens.
In announcing the lawsuit, U.S. Attorney General Pam Bondi said the Justice Department under President Donald Trump intends to use the lawsuit as part of its legal campaign to end California's "flagrant disregard for federal law" - particularly, California's resistance to federal efforts to enforce immigration law.
California's "laws unconstitutionally discriminate against U.S. citizens who are not afforded the same reduced tuition rates, scholarships, or subsidies, create incentives for illegal immigration, and reward illegal immigrants with benefits that U.S. citizens are not eligible for, all in direct conflict with federal law," the Justice Department said in its release announcing the lawsuit.
“California is illegally discriminating against American students and families by offering exclusive tuition benefits for non-citizens,” Bondi said.
The lawsuit specifically takes aim at California laws which enable immigrants residing in California to enjoy reduced in-state tuition rates at California state colleges and universities, as well as state subsidized loans and other financial aid to attend college in the state, whether or not those people have legal authorization to live, work or attend school in the U.S.
Particularly, the lawsuit asks federal courts to block California from continuing to carry out the provisions in the so-called California Dream Act. That legislation, enacted through the passage of two bills in 2011, has allowed at least tens of thousands of illegal immigrants to receive financial aid and reduced tuition from the state of California when attending the Golden State's public colleges and universities.
According to the California Student Aid Commission, 14% of illegal immigrants enrolled in California public colleges and universities have received aid through the Dream Act in 2021-2022. About an 100,000 "undocumented" students were enrolled in California's state postsecondary education system that year, according to the CSAC.
The federal complaint asserts California's state laws and policies under the Dream Act and similar legislation continues state officials' policy of essentially thumbing their nose at federal immigration laws.
The lawsuit argues California has no authority to simply ignore federal immigration law in such a manner, under the Constitution's so-called federal supremacy clause, which establishes federal law as the supreme law within the U.S. concerning the powers and duties delegated to the federal government within the Constitution.
In this instance, the Justice Department argues federal immigration law and non-discrimination laws forbid states, like California, from discriminating in favor of illegal immigrants in the distribution of state benefits and aid.
Federal law, they said, "expressly preempts (California's state law) because (the state law) bestows greater postsecondary education benefits on illegal aliens than on U.S. citizens," the lawsuit said.
The Justice Department is seeking a court order barring California from continuing its "Dream" policies favoring illegal immigrants.
The lawsuit is similar to others filed by the Trump White House against other U.S. states over similar provisions.
In Illinois, for instance, the Justice Department accused that state of also violating federal law by extending such reduced tuition incentives and benefits to illegal immigrant students enrolled in Illinois' public colleges and universities.
In a response filed Nov. 14 in Southern Illinois federal district court, Illinois Attorney General Kwame Raoul urged the court to dismiss the federal action. Raoul's reasoning largely mirrored that which he expressed in a different federal action, also brought by the Justice Department under Trump, seeking a court order overturning Illinois laws and ordinances establishing the state and the city of Chicago, among other local governments, as so-called "Sanctuary" jurisdictions.
Under such "sanctuary" or "welcoming" laws and policies, Illinois has forbidden its units of government, including state and local police agencies, from assisting federal immigration agents in immigration enforcement operations.
This includes prohibitions on police turning over illegal immigrants who have been charged or convicted of crimes to federal officers.
In both federal actions challenging the pro-illegal immigrant state laws, Raoul asserts his state has the right under the Constitution to choose to consider illegal immigrants as residents of Illinois, who can enjoy all of the benefits of residency, including freedom from deportation assistance from local police and access to state financial aid and reduced tuition at colleges, regardless of their legal immigration status.
In both cases, Raoul argues the so-called "anti-commandeering doctrine" shields his state from efforts by the White House to prohibit such aid for illegal immigrants. States, like Illinois, should be free to "welcome" illegal immigrants, if they wish, regardless of federal law or policies, Raoul has argued.
Raoul and Illinois prevailed in Chicago federal court on the earlier case targeting Illinois' "sanctuary" policies and laws. The Justice Department has appealed that ruling.
California's Democratic state attorney general, Rob Bonta, has not yet filed a response to the challenge to California's "Dream Act" and related laws.