The U.S. Department of Justice sued California Governor Gavin Newsom over a state policy that extends in‑state tuition to people living in the country unlawfully, arguing it creates unequal treatment compared with out‑of‑state U.S. citizens. Filed in the Eastern District of California, the DOJ says the policy conflicts with federal law prohibiting residency‑based tuition benefits for undocumented residents when citizens are not equally eligible. This is the third federal suit against Newsom this week, following challenges over a congressional map change and a law restricting masks for immigration officers.
DOJ Sues Gov. Gavin Newsom Over California Policy Granting In‑State Tuition to Undocumented Immigrants
The U.S. Department of Justice sued California Governor Gavin Newsom over a state policy that extends in‑state tuition to people living in the country unlawfully, arguing it creates unequal treatment compared with out‑of‑state U.S. citizens. Filed in the Eastern District of California, the DOJ says the policy conflicts with federal law prohibiting residency‑based tuition benefits for undocumented residents when citizens are not equally eligible. This is the third federal suit against Newsom this week, following challenges over a congressional map change and a law restricting masks for immigration officers.
08:48 AM, 11/21/2025Politics
The U.S. Department of Justice filed a lawsuit Thursday against California Governor Gavin Newsom, challenging a state measure that extends in‑state tuition benefits to people living in the United States unlawfully. The complaint, lodged in the Eastern District of California, alleges the state's education code results in out‑of‑state U.S. citizens paying higher tuition at California institutions than some undocumented residents.
According to the DOJ, that differential treatment violates federal law, which the department says forbids granting residency‑based tuition advantages to individuals unlawfully present in the country if U.S. citizens are not equally eligible. Justice Department attorneys described the policy as "unequal treatment" that runs "squarely" against federal statute.
The filing is the third federal lawsuit the DOJ has brought against Governor Newsom in a single week. Earlier actions focused on a recently adopted ballot change that enables the state legislature to adopt a congressional map that could shift five districts in favor of Democrats, and on state legislation passed in September that prohibits immigration enforcement officers from wearing masks that conceal their identities.
The DOJ has pursued similar challenges in other states, including Minnesota. That Minnesota matter was paused for several weeks because of a recent federal government shutdown. Minnesota Attorney General Keith Ellison has asked a federal court to dismiss the suit there, arguing the DOJ is misreading federal law and that U.S. citizens can access the same tuition benefits as undocumented students.
"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 said in a statement. "We will see him in court as many times as necessary."
Governor Newsom's office did not immediately respond to requests for comment. The case is ongoing and additional developments are expected as it proceeds through the federal courts.