Case Particulars

Tribunal

Department of Justice, Office for Civil Rights

Date Filed

12/1/2025

Docket No.

N/A

Case Status

OCR Complaint Filed

Case Overview

On December 1, 2025, the Equal Protection Project (EPP) filed a Civil Rights Complaint with the U.S. Department of Justice’s Office for Civil Rights (OCR) against “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.” EPP alleges that 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.”

EPP’s Complaint continues:

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

The Complaint uses the California colleges’ own websites to demonstrate the discriminatory nature of these programs.

Next, the Complaint further explains why the initiative challenged violates federal law:

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. 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.

 

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.

 

Finally, the Complaint then requests that OCR take action:

Based on the foregoing, we respectfully request that the Department of Justice immediately open a formal investigation into the systematic discrimination against American-born students at the University of California, California State University, and California Community College systems, including the one hundred and thirty-eight (138) public colleges and detailed in the Exhibits to the Complaint. Depending on the outcome of this investigation, the Department of Justice should initiate legal action to secure appropriate remedial relief. Such relief is necessary both to remedy the unlawful exclusion of American-born students from these programs and to ensure that all ongoing and future programs comply with federal civil rights and constitutional protections.

OCR is evaluating EPP’s Complaint for further action.