US sues four states over migration tuition
Washington, Aug 28 (IANS) The US Justice Department on Thursday sued Arizona, New Mexico, Oregon and Washington, challenging state laws that provide in-state tuition and financial assistance to undocumented students.
The department alleged that the policies unlawfully give some undocumented students benefits that are unavailable to US citizens living outside those states.
The complaints seek court orders blocking the four states from enforcing laws and regulations that require public colleges and universities to provide reduced tuition to students who meet state residency requirements, regardless of their immigration status.
The lawsuits also challenge state provisions offering scholarships and other financial assistance to undocumented students.
The department said the laws conflicted with federal restrictions imposed by Congress and unconstitutionally discriminated against US citizens.
The allegations have not been decided by the courts. Responses from the four states were not included in the department’s announcement.
“Over 30 years ago, Congress made clear that States cannot put illegal aliens before our Nation’s own citizens,” Associate Attorney General Stanley E. Woodward Jr said.
“By granting illegal aliens in-state tuition, Washington, Oregon, New Mexico, and Arizona are pushing citizens to the side and ignoring federal law,” he said.
Woodward said the new cases brought to 21 the number of states sued by the department over tuition policies for undocumented students.
“Our efforts will not cease until President Trump’s promise is fulfilled: illegal aliens will not receive benefits denied to American citizens,” he said.
Assistant Attorney General Brett Shumate of the department’s Civil Division described the dispute as a matter of federal law.
“Colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Shumate said.
The Arizona complaint cited a report estimating that more than 3,600 undocumented students could qualify for in-state tuition each year under the state’s law.
Data from Arizona public universities and colleges showed that at least 720 undocumented students received in-state tuition during the autumn 2025 semester, according to the complaint.
That figure included 432 students at Arizona State University.
The Justice Department said the difference between resident and non-resident tuition at the university was about $24,000. It alleged that undocumented students received approximately $10.5 million in reduced tuition there during the year.
The figures and calculations are allegations presented by the department and have not yet been tested in court.
The department said five similar lawsuits involving Texas, Kentucky, Oklahoma, Nebraska and Illinois had resulted in court orders permanently blocking comparable policies.
Cases against Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut and Vermont remain pending, it said.
The lawsuits form part of the Trump administration’s wider effort to restrict state and local benefits for people without legal immigration status.
The Justice Department is asking the courts to declare the challenged state provisions unconstitutional and prohibit their continued enforcement.
A 1996 federal immigration law generally bars states from providing a post-secondary education benefit to an undocumented immigrant based on state residence unless the same benefit is available to US citizens regardless of where they live. Disputes have centred on whether particular state policies are based on residence or on separate criteria.
Several states have enacted tuition laws based on requirements such as attending and graduating from an in-state secondary school. Supporters describe the policies as measures to expand educational access, while opponents argue that they conflict with federal law and disadvantage out-of-state US citizens.
–IANS
lkj/rs