138 California Campuses Face DOJ Complaint Over Alleged Exclusion of U.S.-Born Students from DACA/Undocumented Support Programs

The Equal Protection Project (EPP) has filed a federal complaint asking the U.S. Department of Justice’s Civil Rights Division to investigate whether programs for DACA recipients and students described as "undocumented" at California public colleges unlawfully exclude American-born students.

The petition targets the University of California (UC), California State University (CSU) and California Community Colleges (CCC) systems and 138 participating campuses, alleging violations of Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment. EPP compiled links to campus programs that advertise "dedicated funding, staff, counseling, advocacy, and other forms of support" and said those benefits are restricted to noncitizen students.

Allegations and example programs

According to the complaint, many campus offerings limit services to DACA recipients or students described as "undocumented," effectively barring U.S.-born students from the same dedicated supports. As an example, the filing cites UC Berkeley’s Undocumented Student Program, which the university says has served nearly 500 students annually since 2012 by providing counseling, financial assistance, mental health services, legal help and professional-development opportunities.

Calls for federal action

EPP is urging the DOJ to open a formal investigation and, if violations are found, to pursue appropriate remedial relief. William Jacobson, EPP president and a Cornell Law School professor, said the group sees these practices as "systemic discrimination" that require federal enforcement rather than state-level remedies.

"The largest California state higher education systems have decided that American-born students are not worthy of equal treatment on par with DACA and 'undocumented' students," Jacobson said. "This systemic discrimination cries out for action by the U.S. Department of Justice to enforce the civil rights laws and constitutional guarantee of equal protection."

Timothy R. Snowball, EPP senior attorney and a California native who attended Grossmont College and UC Berkeley, said the complaint does not oppose services for Dreamers or undocumented students but challenges exclusive policies that, he argues, deny the same supports to eligible American-born students who need them.

"Tutoring programs, career counseling, and financial aid are essential, but such benefits should never be withheld from American-born students in favor of DACA or 'undocumented' students," Snowball said.

Responses from university system leadership

The CSU has described its efforts as a broad set of supports — grants, loans, scholarships, legal and campus services, and Dream Centers with full-time staff — aimed at removing barriers for DACA recipients and undocumented students. In a 2024 statement, CSU Chancellor Mildred García said the system seeks to "honor their humanity" and to remove inequitable barriers that stand between students and their personal and professional goals.

The Equal Protection Project previously filed a similar complaint in May against the University of Nebraska Omaha's Dreamer's Pathway Scholarship Program, also alleging a Title VI violation.

This complaint marks another addition to EPP’s national effort; the organization says it has challenged hundreds of programs and scholarships it considers discriminatory at colleges and universities across the country. The DOJ has not announced whether it will open a formal investigation.