DOJ sues Newsom over California’s ‘unequal’ in-state tuition benefits for illegal immigrants

The DOJ said California’s tuition law charged out-of-state citizens more than undocumented residents, calling it 'unequal treatment' under federal law
PUBLISHED NOV 21, 2025
The Department of Justice filed its third lawsuit in a week against California Governor Gavin Newsom, targeting a law granting in-state tuition to illegal immigrants (Mario Tama/Getty Images)
The Department of Justice filed its third lawsuit in a week against California Governor Gavin Newsom, targeting a law granting in-state tuition to illegal immigrants (Mario Tama/Getty Images)

LOS ANGELES, CALIFORNIA: The Department of Justice filed a lawsuit against California Governor Gavin Newsom over a state law that makes illegal immigrants eligible for in-state tuition benefits.

This marks the third lawsuit the DOJ has filed against the high-profile Democratic governor in a single week.

LOS ANGELES, CALIFORNIA - AUGUST 14: California Governor Gavin Newsom speaks about the “Election Rigging Response Act” at a press conference at the Democracy Center, Japanese American National Museum on August 14, 2025 in Los Angeles, California. Newsom spoke about a possible California referendum on redistricting to counter the legislative effort to add five Republican House seats in the state of Texas. (Photo by Mario Tama/Getty Images)
California Governor Gavin Newsom speaks about the 'Election Rigging Response Act' at a press conference at the Democracy Center, Japanese American National Museum on August 14, 2025 in Los Angeles, California (Mario Tama/Getty Images)

DOJ says California gives undocumented students unfair tuition advantage

Filed in the Eastern District of California, the lawsuit alleges that California's education code results in out-of-state US citizens being charged higher tuition rates at California schools than individuals residing in the country unlawfully.

DOJ attorneys called this “unequal treatment” that is “squarely” at odds with federal law, which prohibits making tuition benefits available to individuals residing unlawfully in the United States based on their residence if US citizens are not entitled to the same benefits. 

SAN LEANDRO, CALIFORNIA - SEPTEMBER 08:  California Gov. Gavin Newsom speaks during a No on the Reca
California Gov Gavin Newsom speaks during a No on the Recall campaign event with former Vice President Kamala Harris at IBEW-NECA Joint Apprenticeship Training Center on September 08, 2021 in San Leandro, California (Justin Sullivan/Getty Images)

Similar legal action has been pursued by the DOJ in other states, including Minnesota, though that case was temporarily stayed due to the government shutdown.

Minnesota Attorney General Keith Ellison, an elected Democrat, has sought to have the lawsuit dismissed, arguing that the DOJ has misconstrued federal laws and that US citizens already have access to the very same benefits as undocumented students.

Federal pressure on Newsom intensifies with third DOJ lawsuit

This is the third federal suit filed against Governor Gavin Newsom this week, signaling an escalation of scrutiny by the Trump administration toward the potential 2028 presidential contender and the nation’s most populous state.

Gov. Gavin Newsom (D-CA) speaks to reporters in the spin room following the CNN Presidential Debate between U.S. President Joe Biden and Republican presidential candidate, former U.S. President Donald Trump at the McCamish Pavilion on the Georgia Institute of Technology campus on June 27, 2024 in Atlanta, Georgia. President Biden and former President Trump are faced off in the first presidential debate of the 2024 campaign. (Photo by Andrew Harnik/Getty Images)
Gov Gavin Newsom (D-CA) speaks to reporters in the spin room following the CNN Presidential Debate between former President Joe Biden and President Donald Trump at the McCamish Pavilion on the Georgia Institute of Technology campus on June 27, 2024 in Atlanta, Georgia (Andrew Harnik/Getty Images)

In response, a spokesperson for Newsom’s office issued a defiant statement, saying, “The DOJ has now filed three meritless, politically motivated lawsuits against California in a single week. Good luck, Trump. We’ll see you in court.”

DOJ expands legal fight with suits over ballot map and mask ban

Before the tuition lawsuit, the DOJ had filed two other complaints against California in the past week. One complaint, filed a week ago, challenges a new California ballot measure that allows the state legislature to use a map that would shift five congressional districts toward Democrats.

California Gov. Gavin Newsom campaigns for President Joe Biden at the Van Buren County Democratic Party's
California Gov Gavin Newsom campaigns for former President Joe Biden at the Van Buren County Democratic Party's 'BBQ for Biden-Harris' event on July 4, 2024 in South Haven, Michigan (Bill Pugliano/Getty Images)

This week, the DOJ also filed suit over state legislation passed in September that bans immigration officials from wearing masks that conceal their identities.

A senior DOJ official told Fox News Digital: “From racial gerrymandering, to undermining law enforcement, to discriminating against American students, Newsom has flagrantly disregarded federal law in his quest to ruin California.” The official concluded with a vow of continued legal action: “We will see him in court as many times as necessary.”

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