For 24 years, undocumented immigrants who graduated from high school in California have been able to access in-state tuition at public colleges and universities. This law, known as Assembly Bill 540, was passed in 2001 and made California the second state in the U.S. to offer such benefits, following Texas. Since then, more than 20 states have adopted similar policies, allowing many students to pursue higher education that would otherwise be unaffordable.
However, recent actions from the Trump administration have raised concerns about the future of these tuition benefits. With California having the largest population of undocumented immigrants in the country, the implications of these legal challenges are significant.
On June 4, the U.S. Department of Justice filed a lawsuit against Texas, claiming its tuition statute for undocumented immigrants violates federal law. The lawsuit has left thousands of students in Texas uncertain about their educational futures. Following this, the Justice Department also initiated a lawsuit in Kentucky against a regulation that provides in-state tuition to undocumented students, arguing it unfairly benefits them over U.S. citizens from other states.
California’s undocumented students are now worried that they may be next in line for similar legal challenges. Kevin R. Johnson, a law expert at UC Davis, believes that it is only a matter of time before the Trump administration targets California’s law. He noted that the administration seems to be focusing on states with more conservative policies first, but the threat remains.
For students like Osmar Enríquez, who recently graduated from Santa Rosa Junior College and plans to attend UC Berkeley, the potential loss of in-state tuition could be devastating. The difference in tuition rates can be staggering—about $621 for in-state students at community colleges compared to $5,427 for out-of-state students. At UC Berkeley, in-state tuition is around $16,980, while out-of-state students face costs exceeding $54,000.
Enríquez expressed his fears about the Trump administration’s actions, stating that they seem intent on excluding undocumented individuals from educational opportunities. He hopes to one day run a public relations firm and believes that education is key to achieving such goals.
Despite the challenges, many undocumented students are determined to continue their education. However, the legal landscape is shifting. The Trump administration’s position rests on a federal law from 1996, which states that individuals without legal status should not receive post-secondary education benefits unless U.S. citizens are also eligible for those benefits.
Legal experts are divided on how this law applies to tuition rates based on residency versus high school graduation. California’s law has been upheld in the past, but pressure is mounting to abolish in-state tuition for undocumented students. States like Florida have already eliminated similar options, and other states are considering similar measures.
As the situation develops, undocumented students in California and across the nation remain anxious about their futures and the potential changes to their access to higher education.