DOJ Files Lawsuit Against California Over Tuition Benefits for Undocumented Immigrants
WASHINGTON — November 21, 2025 — The U.S. Department of Justice has initiated legal action against California, challenging the state’s policy that allows undocumented immigrants to qualify for in-state college tuition rates. The lawsuit contends that the state’s measure conflicts with federal immigration law and exceeds California’s authority.
According to officials, the DOJ argues that providing in-state tuition benefits to individuals without legal immigration status violates federal statutes that regulate immigration and state funding. The suit targets a California law enacted in recent years that extends in-state tuition eligibility to undocumented students who meet certain residency and educational requirements.
California Governor Gavin Newsom has defended the policy as a means to expand educational opportunities for all residents, regardless of immigration status, and to foster a more inclusive workforce. However, federal authorities maintain that the state’s approach undermines federal immigration enforcement and creates legal inconsistencies.
The lawsuit is part of a broader federal effort to contest state and local policies that provide benefits to undocumented immigrants, a contentious issue that has seen varied approaches across the country. The DOJ’s filing asserts that states cannot grant benefits that effectively circumvent federal immigration laws.
California’s policy allows undocumented students who have attended high school in the state for a specified period and graduated to pay tuition rates equivalent to those of in-state residents, significantly lowering the cost compared to out-of-state tuition. Supporters argue this policy helps integrate immigrant communities and improves access to higher education.
Opponents, including the federal government, argue that such benefits incentivize illegal immigration and impose financial burdens on taxpayers. The DOJ’s lawsuit seeks to halt the implementation of the tuition provisions and to clarify the limits of state authority in immigration-related matters.
Legal experts note that the case could have far-reaching implications for other states with similar policies. Courts will be asked to interpret the balance between state rights to manage education funding and federal control over immigration.
The Department of Justice has not disclosed the specific court where the lawsuit was filed, but officials indicated that the case will proceed promptly given the significance of the issues involved. California state officials have not yet issued a formal response to the lawsuit.
This legal dispute adds to ongoing debates over immigration policy in the United States, highlighting tensions between federal and state governments over the rights and benefits afforded to undocumented immigrants. As the case moves forward, it will be closely watched by policymakers, educators, and immigrant advocacy groups nationwide.

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