DOJ sues Newsom over California giving illegal immigrants college tuition benefits
In a significant legal confrontation, the Department of Justice (DOJ) has filed a lawsuit against California Governor Gavin Newsom over a state measure that allows undocumented immigrants to access in-state tuition benefits. This lawsuit, lodged in the Eastern District of California, is part of a broader pattern of legal challenges facing Newsom, as it marks the third lawsuit brought against him within a single week. The DOJ contends that California’s education code creates an unfair disparity, requiring out-of-state U.S. citizens to pay higher tuition rates than those living in the country illegally. According to the DOJ, this practice constitutes “unequal treatment” that directly contradicts federal law, which prohibits granting tuition benefits based on residency to individuals unlawfully residing in the United States if those benefits are not equally available to U.S. citizens.
This legal action is not isolated; it follows a series of similar lawsuits filed by the DOJ in other states, including Minnesota, where a case regarding undocumented students’ tuition benefits has been temporarily halted due to a government shutdown. Minnesota’s Attorney General, Keith Ellison, has sought to dismiss the lawsuit, arguing that U.S. citizens do have access to the same educational benefits as undocumented students. The escalation of lawsuits against Newsom comes amid heightened scrutiny from the Trump administration, which appears to be targeting the governor as a potential contender for the 2028 presidential race. In a statement, Newsom’s office characterized the DOJ’s lawsuits as “meritless” and politically motivated, asserting that they are prepared to confront these legal challenges in court.
In addition to the tuition lawsuit, the DOJ has also filed complaints against California regarding a recent ballot measure that allegedly facilitates gerrymandering in favor of Democrats and a law that prohibits immigration officials from wearing masks to conceal their identities. A DOJ official criticized Newsom for allegedly undermining federal law through these measures, framing the lawsuits as necessary actions to uphold legal standards. As this legal battle unfolds, it highlights the ongoing tensions between state policies and federal immigration laws, as well as the political ramifications for Newsom and California as a whole. The outcome of these lawsuits could have significant implications for educational access and immigration policy in the state, further intensifying the national debate on these contentious issues.
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FIRST ON FOX:
The
Department of Justice
sued Gov. Gavin Newsom on Thursday over a California measure that gives illegal immigrants access to in-state tuition benefits, marking the third lawsuit in one week that the department has brought against the high-profile Democratic governor.
The lawsuit, brought in the Eastern District of California, alleged that California’s education code caused out-of-state U.S. citizens to pay higher tuition rates at California’s schools than people living in the country illegally.
The attorneys called it “unequal treatment” that was “squarely” at odds with federal law, which states that people unlawfully living in the United States cannot be given tuition benefits based on their residence that U.S. citizens are not also entitled to.
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The DOJ has brought similar lawsuits in several other states, including
Minnesota
. That case there was put on hold for weeks because of the government shutdown.
Minnesota Attorney General Keith Ellison, an elected Democrat, has moved to have the lawsuit dismissed, arguing the DOJ is not properly reading the federal laws and that U.S. citizens do indeed have access to the same benefits as
undocumented
students.
Newsom has been hit with two other federal lawsuits this week, signaling an escalation in the Trump administration’s scrutiny of the possible 2028 contender and the nation’s most populous state.
“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,” a spokesperson for Newsom’s office said in a statement.
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Last week, the DOJ brought a complaint over California’s newly passed ballot measure that clears the way for the state legislature to use a map that shifts five congressional districts in favor of Democrats. This week, it sued over the state’s passage of legislation in September that banned immigration officials from wearing masks that conceal their identities.
“From racial gerrymandering, to undermining law enforcement, to discriminating against American students, Newsom has flagrantly disregarded federal law in his quest to ruin California,” a DOJ official told Fox News Digital. “We will see him in court as many times as necessary.”