For the past 24 years, undocumented immigrants who graduated from high school in California have been able to pay in-state tuition at public colleges and universities. This law has opened doors for many students who otherwise could not afford higher education. Assembly Bill 540, passed in 2001, made California the second state in the U.S. to allow such tuition benefits, following Texas. Since then, over 20 states have adopted similar policies, reflecting a growing trend across the country.
However, recent legal actions from the Trump administration have raised concerns among immigrant students in California, the state with the largest population of undocumented residents. The administration has initiated lawsuits against states like Texas and Kentucky, arguing that providing in-state tuition to undocumented immigrants violates federal law, which restricts public benefits to U.S. citizens.
On June 4, the U.S. Department of Justice filed a lawsuit against Texas, claiming its tuition policies for undocumented students are illegal. Texas did not defend its law and instead aligned itself with the Trump administration, putting around 57,000 undocumented college students in a precarious situation after a federal judge blocked the law. A similar lawsuit was filed against Kentucky, challenging a state regulation that grants in-state tuition to undocumented immigrants, which the Justice Department argues unfairly disadvantages out-of-state students.
Legal experts believe California might be next in the administration’s sights. Kevin R. Johnson, the dean of the UC Davis law school, noted that the administration appears to be tackling more conservative states first, but the threat to California’s law is imminent. This uncertainty has left many undocumented students anxious about their futures. Osmar Enríquez, a recent graduate from Santa Rosa Junior College, expressed his fears about losing access to affordable education, as the difference between in-state and out-of-state tuition can be significant—thousands of dollars at community colleges and tens of thousands at universities.
Currently, California has over 80,000 undocumented college students. While the exact numbers are hard to determine, estimates suggest that around 70,000 of these students are enrolled in community colleges. The in-state tuition law has made it possible for many, like Enríquez, to pursue their education affordably. He plans to enroll at UC Berkeley, where in-state tuition is $16,980 compared to $54,582 for out-of-state students.
The legal basis for the Trump administration’s challenge is a 1996 federal law stating that people without legal status cannot receive post-secondary education benefits unless U.S. citizens are also eligible. This has raised questions about whether states that use high school graduation as a criterion for tuition rates are violating this law. Courts have previously upheld California’s law, concluding that undocumented students are not receiving preferential treatment but rather the same benefits as their peers who graduated from California schools.
Despite these legal victories, the push to eliminate in-state tuition for undocumented students continues. States like Florida have already removed similar provisions, and bills have been introduced in other states, including Kansas and Minnesota, though they have not passed.
As the situation evolves, undocumented students in California remain hopeful yet uncertain about their educational futures. They continue to advocate for their right to education, emphasizing their desire to contribute positively to society and the economy.