Statement From Immigrants Rising on the Department of Justice’s Complaint Against California’s In-State Tuition and Financial Aid Policies
November 21, 2025 (Los Angeles) — Immigrants Rising denounces the U.S. Department of Justice’s challenge against California’s in-state tuition policy, which has provided thousands of eligible students, including U.S. citizens, a pathway to an affordable college education for more than 24 years. This lawsuit is the latest in a series of attacks from the Trump Administration to destroy similar policies in other states, and comes at the end of the college application season for the 2026-27 academic year.
This challenge to California’s in-state tuition policy is a veil for division and xenophobia. AB 540—the law that guarantees in-state tuition for students who attended California schools for at least three years, regardless of immigration status—was carefully crafted to comply with federal law. The law has already been tested and upheld by the Supreme Court of California in Martinez v. Regents of UC.
In June, Texas’s decades-old in-state tuition policy was challenged despite over 20,000 students relying on it in 2021 alone. This policy reversal could cost an estimated $461 million in lost economic activity in Texas annually. With an even larger student population, the threat to California’s in-state tuition policy would be astronomical.
Thanks to AB 540, for nearly a quarter of a century, hundreds of thousands of students have earned a college education, entered the workforce, fulfilled essential jobs and professions, and paved brighter futures for themselves and their communities. In California, we spend approximately $12,000 per student in K-12 annually, and when students who have studied here for more than three years are denied access to an affordable postsecondary education, our investment is lost.
“This challenge is an affront to the decades of hard-fought student-led advocacy for equitable access to postsecondary education. More than that, it is baseless and cruel. Coming only one week before college applications for California’s public four-year institutions are due, this challenge is a callous attempt to have students second-guess their dreams. We have one message for this Administration: we will not be deterred! Together with California’s leaders, Immigrants Rising will defend our in-state tuition policy that has transformed lives and served as an economic catalyst for hundreds of thousands of Californians,” said Dr. Iliana Perez, Executive Director of Immigrants Rising.
While this challenge unfolds, Immigrants Rising reminds California students and campus staff:
- This challenge does not eliminate or change California’s existing in-state tuition and financial aid laws or policies.
- This challenge does not require or mandate any immediate changes in practice to California’s in-state tuition and financial aid policies.
AB 540, the California Dream Act Application, and the California Dream Loan program remain active and in place. Students who meet eligibility requirements for these programs should continue to apply. Campus staff should continue to guide applicants and process applications without pause.
California’s policymakers must deploy all available pathways—regulatory, administrative, and legal—to defend, uphold, and fortify the legacy of in-state tuition and financial aid. All students, including undocumented students, who call California their home, belong in our educational systems.
Below is a list of resources to help undocumented immigrant students, counselors, advisors, and campus staff confidently navigate the AB 540 and CA Dream Act Application process:
For students and individuals who work with undocumented students:
- Types of Financial Aid Available for Undocumented Students in California
- How In-State Tuition and CA Dream Act Work Together
- California In-State Tuition Tool
- List of Scholarships and Fellowships
For educators, practitioners, counselors, advisors, and campus staff:
For updates on this challenge and to get connected to resources for higher education, please sign up for our newsletter and UndocuDigest for Higher Ed. For media inquiries, please contact [email protected].
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Founded in 2006, Immigrants Rising transforms individuals and fuels broader changes. With resources and support, undocumented young people are able to get an education, pursue careers, and build a brighter future for themselves and their community. Our collective power is helping our nation edge closer to fulfilling its ideal as a land of opportunity and access for all.
