LOS ANGELES – A Latino civil rights organization filed a class-action lawsuit against a private health professions school for unlawfully denying enrollment at its California campus to an immigrant because of his status, according to papers filed in state court Thursday.
MALDEF (Mexican American Legal Defense and Educational Fund) filed the lawsuit on behalf of Carlos Alberto Alonso, a healthcare worker and a recipient of Deferred Action for Childhood Arrivals (DACA). Attorneys say that A.T. Still University (ATSU) has a written discriminatory policy that prevented Alonso from applying to its physician assistant program at the university’s California campus because of his “non-permanent status of DACA”. Attorneys say the policy violates California’s Unruh Civil Rights Act, which prohibits discrimination based on race, sex, color, religion, ancestry, national origin, immigration status, age, and other characteristics.
“Limiting enrollment on the basis of immigration status is irrational and expressly prohibited by California law,” said Thomas A. Saenz, MALDEF president and general counsel. “A.T. Still University should immediately change its unlawful practices.”
Alonso, 28, of San Francisco, California, is a Disease Control Investigator at major San Francisco hospitals. On November 28, 2023, Alonso emailed a faculty member of ATSU’s Central Coast Physician Assistance (CCPA) program to ask if DACA students were excluded from applying to the program. He told the faculty member the program’s application stated that only United States citizens or legal permanent residents could apply. Alonso, who came to the U.S. from Mexico as an infant, received DACA in 2013. As a DACA recipient, Alonso is protected from deportation and permitted to work and go to school in the U.S.
A day after his inquiry, Alonso was informed by the faculty member that students with DACA status are not eligible for the program. A month later during a virtual presentation of the CCPA program, ATSU staff told Alonso that as a DACA recipient he was not eligible for enrollment. In January 2024, Alonso persisted and emailed the ATSU Title IX and Civil Rights coordinator asking why DACA recipients could not enroll in the program. He was told again that ATSU’s physician assistant program in California does not accept DACA recipients because “DACA is a non-permanent status which may change at any time, we do not admit students under that status.”
“Despite receiving public health training from Johns Hopkins University and other schools, along with working in the field for years, ATSU refused to consider Alonso’s application solely because of his immigration status,” said MALDEF attorney Luis Lozada. “This case unfortunately illustrates that, despite having federal work authorization, DACA recipients continue to face barriers in applying to higher education institutions and challenges in trying to improve their lives.”
A.T. Still University is based in Kirkville, Missouri, and has campuses in Arizona and California. It was the world’s first osteopathic medical school and has an average annual enrollment of more than 3,900 students from around the world.
“Hearing about a physician assistant school established to increase providers for communities in need of healthcare, inspired me to apply, only to later be told I could not due to my immigration status,” said Alonso. “As a 24-year-old DACA recipient with a diverse background in public health, disease work, and health disparities, I was a strong applicant for this program targeted for scholars who acknowledge and live healthcare inequalities. In the end, U.S. higher education systems at the local, state, and national level need aptitude, determination, and innovative contributions of all students regardless of immigration status.”
The lawsuit was filed in the Superior Court of California, County of Santa Barbara and seeks class certification.
Read the complaint HERE.