At a Los Angeles high school, the college application season brings a painful divide: students who can apply for federal aid and those who cannot. The latter, often brought to the U.S. as young children, must navigate the California Dream Act instead. For many, the revelation that they are undocumented comes as a shock, as their parents delayed telling them until graduation approached.
The Trump administration has now filed the last of 25 lawsuits against states that allow undocumented students to pay in-state tuition. The legal actions have already succeeded in Illinois, Texas, Oklahoma, Nebraska, Kentucky, and Kansas. The Department of Justice argues that such policies give illegal immigrants benefits denied to American citizens, a point underscored by Associate Attorney General Stanley E. Woodward Jr. and Assistant Attorney General Brett Shumate.
Conservatives have cheered the move. The New York Post has criticized California's system as subsidizing undocumented students at the expense of native-born residents. Steve Hilton, a Republican gubernatorial candidate in California, has promised to cut state aid for undocumented students. A recent California Post cover story featured two college seniors who chose expensive private schools and still blamed immigrants for their lack of financial aid.
But supporters of in-state tuition for undocumented students argue that these students' families are taxpayers. Undocumented immigrants pay sales tax, state income tax, gasoline tax, and property tax through rent. In California, they face the highest sales and gas taxes in the nation, both regressive for low-income workers. According to the Institute on Taxation and Economic Policy, undocumented immigrants contribute nearly $26 billion annually in Social Security taxes, though most will never collect benefits.
The cost difference is significant: in-state tuition at UC is $15,588 versus $54,858 for out-of-state; at Cal State, it's $6,838 versus $11,304. Sallie Mae notes that in-state tuition is a discount earned through state tax payments. This principle dates back to the founding of the University of California in 1868, when tuition was free for residents.
Critics like political strategist Jon Fleischman accuse California of helping undocumented students with taxpayer money. Yet, as the original article argues, undocumented immigrants are taxpayers, and their children, who have often sacrificed much, deserve the benefits their parents have helped fund.
The debate over in-state tuition is part of a broader clash over immigration policy. The Justice Department's aggressive stance reflects a wider push to restrict benefits for undocumented immigrants, a move that has extended to other areas. Meanwhile, legal challenges continue, with some courts showing bipartisan skepticism toward harsh enforcement measures.
As the lawsuits proceed, the fate of hundreds of thousands of undocumented college students hangs in the balance. For now, they remain caught between the contributions they make and the benefits they are denied, a tension that will likely shape the 2024 election and beyond.
