U.S. Department of Justice sues four states over undocumented student tuition

Department of Justice in-state tuition undocumented students Proposition 308 immigration policy

The U.S. Department of Justice has filed lawsuits against Arizona, New Mexico, Oregon, and Washington, challenging state laws that allow undocumented students to access in-state tuition rates and financial aid. The Trump administration argues these policies violate federal law by providing educational benefits to noncitizens that are not available to U.S. citizens living in other states.

In Arizona, the litigation specifically targets Proposition 308, a 2022 voter-approved measure that grants in-state tuition to students who attended and graduated from an Arizona high school for at least two years. The DOJ contends that this requirement serves as a proxy for residency and constitutes unequal treatment. Arizona Attorney General Kris Mayes has disputed the federal interpretation, maintaining that eligibility is based on educational history rather than residency or immigration status.

The federal government has now challenged tuition policies in 21 states. The DOJ noted that in previous cases involving states like Texas and Kentucky, courts have already voided similar programs. Officials estimate that in Arizona alone, thousands of undocumented students could qualify for these reduced rates annually.

Entities

Arizona · Arizona Board of Regents · Department of Justice · Donald Trump · Kris Mayes · Stanley E. Woodward Jr. · U.S. Department of Justice

Claims

What the coverage asserts, and how many sources carry each claim.

[● 2 SOURCES] The lawsuit alleges Proposition 308 violates a 1998 federal law and a recent executive order. azcapitoltimes.com · www.mundonow.com
[● 3 SOURCES] Attorney General Kris Mayes disputes the lawsuit, arguing that eligibility is based on Arizona education history rather than residency or immigration status. www.allaboutarizonanews.com · azcir.org · azcapitoltimes.com
[○ 1 SOURCE] The DOJ contends that attending an Arizona high school for two years serves as a proxy for residency. azcir.org
[● 10 SOURCES] The Department of Justice argues that Arizona's policy violates federal law by providing educational benefits to noncitizens that are unavailable to U.S. citizens living outside the state. www.allaboutarizonanews.com · azcir.org · azcapitoltimes.com · www.mundonow.com · radarbiobio.cl · +4 more
[● 6 SOURCES] Experts estimated that 3,600 undocumented students could qualify for in-state tuition annually prior to the law's passage. azcir.org · radarbiobio.cl · azcapitoltimes.com
[● 3 SOURCES] Judges in five other states have already voided similar policies. azcapitoltimes.com · eastoregonian.com · www.foxnews.com
[● 3 SOURCES] Proposition 308 allows students to qualify for in-state tuition if they attended an Arizona high school for at least two years and graduated. www.allaboutarizonanews.com · azcir.org · azcapitoltimes.com
[● 3 SOURCES] Arizona voters approved Proposition 308 in 2022. www.allaboutarizonanews.com · azcir.org · azcapitoltimes.com