Civil rights organizations submitted a federal discrimination complaint to the U.S. Department of Justice recently, asserting that the Deferred Action for Childhood Arrivals (DACA) and undocumented programs at California colleges unlawfully exclude American-born students.
The complaint, linked to the Equal Protection Project, which was first shared with Fox News Digital, urges the DOJ’s Civil Rights Division to investigate the University of California, California State University, and California Community College systems. The complaint claims these institutions infringe on Title VI of the Civil Rights Act of 1964, which prevents discrimination in federally funded educational institutions based on race, color, or national origin, as well as the Equal Protection Clause of the Fourteenth Amendment.
In a communication to Assistant Attorney General Harmeet K. Dhillon, attorneys for the Equal Protection Project argued that benefits provided to DACA recipients and undocumented students effectively exclude U.S.-born students. A supporting document includes links to campus programs outlining various services like “dedicated funding, staff, counseling, advocacy, and other forms of support.”
There have been specific complaints from institutions such as the University of California, Berkeley, where the undocumented student program—established in 2012—serves around 500 students annually, offering them counseling, financial assistance, mental health support, legal help, and more.
The letter from the Equal Protection Project stresses the urgency for the Department of Justice to open an investigation into what they deem “systemic discrimination against American-born students” in California’s public universities. They are also calling for legal action to guarantee appropriate remedies if violations are discovered.
“California’s largest higher education system has decided that American-born students don’t deserve the same treatment as DACA and ‘illegal alien’ students,” remarked William Jacobson, president of EPP and a professor at Cornell Law School. He emphasized that this discrimination necessitates action from the DOJ to uphold civil rights laws and equal protection under the Constitution.
According to Jacobson, EPP is dedicated to fighting against unlawful discrimination and ensuring equal legal protection. The organization has challenged over 600 programs and scholarships that it considers discriminatory at more than 125 universities nationwide.
Jacobson further pointed out that this issue cannot be adequately addressed at the state level, stressing that federal intervention is necessary to combat persistent discrimination against American-born students in California’s higher education landscape.
The DACA program was initiated by former President Obama, allowing temporary protection from deportation and work authorization for undocumented immigrants brought to the U.S. as children.
While the complaint does not question the inclusion of “Dreamer” or undocumented students, it does contest the exclusion of American-born students, asserting that benefits should be equally accessible to all.
EPP Senior Counsel Timothy R. Snowball, a California native with degrees from community college and UC Berkeley, expressed his dismay at the perceived discrimination. He highlighted the significance of support programs like tutoring and career counseling, insisting they should not be withheld from American-born students in favor of others.
Snowball emphasized his personal investment in this complaint, noting he attended both Grossmont College and UC Berkeley, and he feels betrayed by institutions that no longer uphold the values of equality they once promoted.
Fox News Digital sought responses from the University of California, California State University, and California Community College systems but had not received comments by press time.
The CSU system maintains on its official website that it supports undocumented students by offering numerous resources, including grants, loans, scholarships, and various support services, notably a Dream Center with full-time staff. CSU President Mildred Garcia previously stated the system aims to help Dreamers and DACA recipients overcome barriers to their aspirations.
In May, the Equal Protection Project lodged a similar complaint against the University of Nebraska at Omaha over its Dreamers Pathway scholarship program, claiming it also violates Title VI of the Civil Rights Act of 1964.
