Discrimination Against American-Born Students In California University Systems Challenged By Equal Protection Project

Discrimination Against American-Born Students In California University Systems Challenged By Equal Protection Project

Our Equal Protection Project has challenged over 125 institutions regarding over 600 discriminatory programs and scholarships. You may recall that, based on our civil rights complaints in July 2025, the U.S. Department of Education opened investigations into DACA/”Undocumented” Only programs at five universities, leading to an avalanche of media coverage.

We recently discovered similar systematic discrimination against American-born students through DACA/”Undocumented” programs in three major university systems in California involving 138 colleges and universities.

On December 1, 2025, we filed a Civil Rights Complaint (Exhibits here) with the Civil Right Division of the U.S. Department of Justice:

We write to request that the Department of Justice open a formal investigation into the University of California, California State University, and California Community College systems, and one hundred and thirty-eight (138) participating California public colleges and universities. These institutions operate, sponsor, and promote DACA/“Undocumented” programs that unlawfully discriminate against American-born students in violation of Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment to the United States Constitution.

The programs are documented in Exhibits 1-3 to this Complaint and confer benefits on DACA/“Undocumented” students, and deny those benefits equally to American-born students, ranging from exclusive access to campus facilities and resources to dedicated funding, staff, counseling, advocacy, and other forms of support. These 138 institutions and programs are organized in the attached Exhibits into three categories: (1) Ten (10) University of California system schools (Exhibit 1); (2) Twenty-one (21) California State University system schools (Exhibit 2); and (3) One hundred and seven (107) California Community College system schools (the systems and schools, collectively, are referred to herein as the “California Colleges”).1

1 We take no position on and do not in this Complaint challenge whether DACA/”Undocumented” students can participate in the programs. We only challenge the discrimination against American-born students.

The programs subject to this Complaint operating at the California Colleges are available only to Deferred Action for Childhood Arrivals (DACA) recipients2 and “undocumented” non-citizens (sometimes referred to as “Dreamers”), or provide preference to such students.3

3 While most programs are designated for DACA/“Undocumented” students, certain programs provide that DACA/“Undocumented” are automatically eligible while American-born students have to show an additional factor to qualify, such as being from a mixed status family or an “ally.” This differing standard also constitutes discrimination against American-born students.

Because DACA only applies to persons born outside the United States subject to certain other conditions, restricting programs and benefits to DACA recipients excludes American-born students. Similarly, “undocumented” status only applies to students born outside the United States and excludes American-born students. The DACA/“Undocumented” programs operating at the California Colleges thus systemically discriminate against American-born students on the basis of national origin.4

The DACA/“Undocumented” programs operating at the California Colleges violate federal law in two ways.
First, Title VI of the Civil Rights Act of 1964 prohibits intentional discrimination on the basis of national origin in any “program or activity” that receives federal financial assistance.5 42 U.S.C. § 2000d. These programs employed by the California Colleges qualify as a program or activity falling under Title VI. The three institutional systems comprising the California Colleges also receive federal funding administered by the Department of Justice, further underscoring the need for action by your office.6

Second, discriminating against American-born students based upon their national origin also violates the Equal Protection Clause of the Fourteenth Amendment, unless it satisfies strict constitutional scrutiny. The DACA/“Undocumented” programs at the California Colleges cannot meet this heavy burden….

As documented in the Exhibits, some programs are expressly limited to DACA/“Undocumented” students, while all the identified programs also “signal” such exclusion or preference for such students through program titling and promotion. No American-born student would be likely to seek assistance through or apply to a program titled and promoted as being for DACA/“Undocumented” students….

When the California Colleges promote the identified programs as being for DACA/“Undocumented” students, an ordinary student reasonably would assume that American-born students need not apply. That deterrent effect is itself unlawful discrimination.

We requested the opening of a formal investigation and, if appropriate, further legal action by DOJ.

Fox News covered the filing:

Examples in the complaint include UC Berkeley’s Undocumented Student Program, which the university says has been in place since 2012 and “serves nearly 500 students annually” by providing “counseling, financial support, mental health support, legal support, and professional development opportunities” to undocumented students.

The EPP letter urges the DOJ to “immediately” open a formal investigation into what it calls “systemic discrimination against American-born students” at California’s public colleges and universities, and to take legal action to secure “appropriate remedial relief” if violations are found.

“The largest California state higher education systems have decided that American-born students are not worthy of equal treatment on par with DACA and ‘undocumented’ students,” EPP President and Cornell Law School professor William Jacobson said in a statement to Fox News Digital. “This systemic discrimination cries out for action by the U.S. Department of Justice to enforce the civil rights laws and constitutional guarantee of equal protection.”

EPP is a nonprofit organization that “seeks to ensure equal protection under the law by opposing unlawful discrimination,” Jacobson said. The group says it has challenged more than 600 programs and scholarships it considers discriminatory at over 125 colleges and universities nationwide.

“This is state-sponsored discrimination, so it cannot be fixed at the state level,” Jacobson continued. “If the federal government doesn’t act, the discrimination against American-born students throughout California higher education will continue unabated.” …

Jacobson emphasized that the complaint does not challenge the inclusion of “Dreamers” or “undocumented” students in these programs, but instead challenges the exclusion of American-born students, arguing the programs should be equally available to them.

“As a California native with degrees from a community college and from UC Berkeley, I am appalled at the discrimination against American-born students,” said Timothy R. Snowball, EPP senior attorney, in a statement to Fox News Digital. “If our own institutions of higher education discriminate against American-born students, how can we trust those institutions to educate the next generation of leaders?”

“I was a high school dropout, and know exactly what it is like to need extra support in becoming a successful college student,” he continued. “Tutoring programs, career counseling, and financial aid are an important part of this process. But such benefits should never be withheld from American-born students in favor of DACA or ‘undocumented’ students.”

“I take civic pride in filing this complaint to the U.S. Department of Justice against both my community college alma mater, Grossmont College, and my university alma mater, UC Berkeley,” Snowball added. “I am upholding the principles of equality and equal protection those institutions once espoused but now betray.”

Fox News Digital reached out to the University of California, California State University and California Community Colleges systems for comment but did not immediately receive responses.

On CSU’s website, it says it supports undocumented students by providing “numerous resources, from grants, loans and scholarships to legal and campus support services, including dedicated Dream Centers with full-time staff.”

“We seek support for our Dreamers and DACA recipients—and those across the country—to honor their humanity, to remove inequitable and unfair barriers that stand between them and the fulfillment of their personal and professional dreams,” CSU Chancellor Mildred García said in a 2024 statement defending these programs. “That’s what the CSU stands for—that’s what we do—and at a scale greater than any other university system in the world.”

The Equal Protection Project filed a similar complaint in May against the University of Nebraska Omaha’s Dreamer’s Pathway Scholarship Program, alleging it also violates Title VI of the Civil Rights Act of 1964.

Reminder: we are a small organization going up against powerful and wealthy government and private institutions devoted to DEI discrimination. Donations are greatly needed and appreciated.

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