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

The U.S. Department of Justice has expanded its legal campaign against state policies that allow undocumented immigrants to access in-state college tuition, scholarships, and financial aid. The administration has filed new lawsuits against Hawaii, Arkansas, Utah, and the District of Columbia, specifically targeting the University of the District of Columbia for offering tuition rates that favor undocumented residents over U.S. citizens living out of state.

These actions bring the total number of state in-state tuition laws challenged by the administration to 21. The DOJ argues these policies violate a 1996 federal statute, which prohibits undocumented immigrants from receiving postsecondary education benefits based on state residence unless U.S. citizens are eligible for the same benefits regardless of their state of residence. Deputy Attorney General Stanley E. Woodward Jr. stated, ‘There will be no more cases where illegal immigrants are placed above U.S. citizens.’

The government has already secured favorable rulings or agreements in Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas. Numerous other jurisdictions, including California, New York, and Minnesota, remain subject to pending litigation.