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Public Safety & Courts

California Opposes Trump Administration's Proposed OPT Rule

California's Attorney General leads a multistate coalition in opposing a Trump administration proposal that would impose significant financial burdens on universities and international students.

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Crime & Courts · November 15, 2026
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AI-generated editorial illustration from an imagined camera angle. Source image: oag.ca.gov.

California Attorney General Rob Bonta led a multistate coalition in submitting a comment letter opposing the Trump Administration’s proposed rule that would require colleges and universities to pay up to $100,000 for each international student seeking to participate in Optional Practical Training (OPT) (Source ID: 1). The proposed rule would impose significant financial burdens on institutions of higher education, discourage international student enrollment, and jeopardize the economic and educational contributions of international students. The comment letter argues that the rule exceeds the Trump Administration’s legal authority, imposes an unconstitutional tax, and fails to adequately consider the substantial harms to states and educational institutions (Source ID: 1). [1]

The proposed rule would require institutions of higher education to pay $70,000 for each international student they initially recommend for OPT and an additional $30,000 for a subsequent recommendation, including a STEM OPT extension. Although the proposed rule would allow institutions to seek reimbursement from students or employers, it would require institutions to transmit the payments to DHS (Source ID: 1). The rule is the latest in a series of Trump Administration efforts to impose extraordinary taxes on immigration and employment programs. Rather than targeting corporations that could abuse these programs, the Trump Administration’s efforts create significant financial burdens on public institutions and employers (Source ID: 1). [1]

During the 2024-2025 academic year, international students contributed $6.3 billion to California’s economy and supported more than 52,000 jobs. By making OPT participation prohibitively expensive, the proposed rule threatens to drive international students away from California’s institutions and diminish educational opportunities for all students (Source ID: 1). The comment letter urges DHS to withdraw the proposed rule, arguing that it imposes extraordinary financial burdens on colleges and universities and harms California’s educational institutions and economy (Source ID: 1). [1]

California Attorney General Rob Bonta led a multistate coalition in submitting a comment letter opposing the Trump Administration’s proposed rule that would require colleges and universities to pay up to $100,000 for each international student seeking to participate in Optional Practical Training (OPT) (Source ID: 1). The proposed rule would require institutions of higher education to pay $70,000 for each international student they initially recommend for OPT and an additional $30,000 for a subsequent recommendation, including a STEM OPT extension. The rule, according to the comment letter, would impose significant financial burdens on institutions, discourage international student enrollment, and jeopardize the economic and educational contributions of international students. [1]

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The comment letter argues that the proposed rule exceeds the Trump Administration’s legal authority, imposes an unconstitutional tax, and fails to adequately consider the substantial harms to states and educational institutions (Source ID: 1). The letter highlights that the proposed payment is incorrectly characterized as a fee rather than a tax, which Congress has not authorized under the Immigration and Nationality Act. This aligns with previous efforts by the Trump Administration to impose extraordinary taxes on immigration and employment programs, which have been challenged and invalidated in court. [1]

During the 2024-2025 academic year, international students contributed $6.3 billion to California’s economy and supported more than 52,000 jobs (Source ID: 1). The proposed rule threatens to drive international students away from California’s institutions and diminish educational opportunities for all students. The comment letter urges the Department of Homeland Security (DHS) to withdraw the rule, citing its failure to consider the financial and economic consequences for states and educational institutions, and its disregard for the benefits of OPT participation. [1]

California Attorney General Rob Bonta led a multistate coalition in submitting a comment letter opposing the Trump Administration’s proposed rule that would require colleges and universities to pay up to $100,000 for each international student seeking to participate in Optional Practical Training (OPT) (Source ID: 1). The proposed rule would require institutions of higher education to pay $70,000 for each international student they initially recommend for OPT and an additional $30,000 for a subsequent recommendation, including a STEM OPT extension. The comment letter argues that the proposed rule exceeds the Trump Administration’s legal authority, imposes an unconstitutional tax, and fails to adequately consider the substantial harms to states and educational institutions (Source ID: 1). [1]

The comment letter highlights that the proposed rule would impose significant financial burdens on institutions of higher education, discourage international student enrollment, and jeopardize the economic and educational contributions of international students (Source ID: 1). The letter also notes that the Trump Administration’s efforts to impose extraordinary taxes on immigration and employment programs create significant financial burdens on public institutions and employers (Source ID: 1). [1]

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During the 2024-2025 academic year, international students contributed $6.3 billion to California’s economy and supported more than 52,000 jobs (Source ID: 1). By making OPT participation prohibitively expensive, the proposed rule threatens to drive international students away from California’s institutions and diminish educational opportunities for all students (Source ID: 1). [1]

California Attorney General Rob Bonta led a multistate coalition in submitting a comment letter opposing the Trump Administration’s proposed rule that would require colleges and universities to pay up to $100,000 for each international student seeking to participate in Optional Practical Training (OPT) (Source ID: 1). The proposed rule would require institutions of higher education to pay $70,000 for each international student they initially recommend for OPT and an additional $30,000 for a subsequent recommendation, including a STEM OPT extension. This would impose significant financial burdens on institutions of higher education, discourage international student enrollment, and jeopardize the economic and educational contributions of international students (Source ID: 1). [1]

The comment letter argues that the proposed rule exceeds the Trump Administration’s legal authority, imposes an unconstitutional tax, and fails to adequately consider the substantial harms to states and educational institutions (Source ID: 1). The letter highlights that the proposed rule would create significant financial burdens on public institutions and employers, similar to the previously invalidated $100,000 tax on new H-1B visa petitions (Source ID: 1). [1]

During the 2024-2025 academic year, international students contributed $6.3 billion to California’s economy and supported more than 52,000 jobs (Source ID: 1). The proposed rule threatens to drive international students away from California’s institutions and diminish educational opportunities for all students. The comment letter urges the U.S. Department of Homeland Security to withdraw the proposed rule, arguing that it violates the Administrative Procedure Act and fails to consider less harmful alternatives (Source ID: 1). [1]

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Sources

California Attorney General Xavier Becerra - Press Releases

Prepared with AI assistance from the cited sources.

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