DOJ sues Colorado over in‑state tuition for undocumented students

The U.S. Department of Justice filed a lawsuit on July 23 in the District Court for Colorado, alleging that the state’s Advancing Students for a Stronger Tomorrow Act violates federal law. The act, first passed in 2013 and amended in 2019 and 2022, permits undocumented immigrants who attend Colorado high schools to receive in‑state tuition rates and financial aid at public colleges and universities. The DOJ argues the policy breaches Title 8 of the U.S. Code and the Supremacy Clause because it provides benefits to illegal immigrants that are not extended to all U.S. citizens.

The complaint seeks a permanent injunction to stop enforcement of the act and declares it unconstitutional. The suit references recent precedent, including a Fifth Circuit ruling that struck down Texas’s Dream Act provision for in‑state tuition, reinforcing the Department’s position that federal law preempts state‑level tuition benefits for undocumented students.