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FIRST ON FOX: The Department of Justice sued Gov. Gavin Newsom on Thursday over a California measure that gives illegal immigrants access to in-state tuition benefits, marking the third lawsuit in one week that the department has brought against the high-profile Democratic governor.
The lawsuit, brought in the Eastern District of California, alleged that California’s education code caused out-of-state U.S. citizens to pay higher tuition rates at California’s schools than people living in the country illegally.
The attorneys called it “unequal treatment” that was “squarely” at odds with federal law, which states that people unlawfully living in the United States cannot be given tuition benefits based on residence that U.S. citizens are not also entitled to.
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The DOJ has brought similar lawsuits in several other states, including Minnesota. That case there was put on hold for weeks because of the government shutdown.
Minnesota Attorney General Keith Ellison, an elected Democrat, has moved to have the lawsuit dismissed, arguing that the DOJ is not properly reading the federal laws and that U.S. citizens do indeed have access to the same benefits as undocumented students.
Newsom has been hit with two other federal lawsuits this week, signaling an escalation in the Trump administration’s scrutiny of the possible 2028 contender and the nation’s most populous state.
Last week, the DOJ brought a complaint over California’s newly passed ballot measure that clears the way for the state legislature to use a map that shifts five congressional districts in favor of Democrats. This week, it sued over the state’s passage of legislation in September that banned immigration officials from wearing masks.
Fox News Digital reached out to Newsom’s office for comment.
This is a developing story. Check back for updates.
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