# US DOJ expands lawsuits against non-citizen tuition benefits

> Live situation record from CLSTR: https://clstr.news/situations/us-doj-denaturalization-of-naturalized-criminals
> Updated: 2026-09-10T22:53:10.000Z. Sources: 55. Developments: 8.

Following its denaturalization efforts, the Justice Department has expanded its legal challenges against state-level benefits for non-citizens. On August 10, the DOJ filed lawsuits against New York, Connecticut, and Vermont, contesting laws that allow undocumented immigrants—as well as those with U or T visas and Temporary Protected Status (TPS)—to access in-state tuition and financial aid. The department argues these policies violate federal law by providing benefits unavailable to U.S. citizens from other states, which could create “incentives for illegal immigration” and treat American students as “second-class citizens.”

On August 27, the DOJ expanded its litigation by filing lawsuits against Arizona, New Mexico, Oregon, and Washington. In Arizona, the challenge focuses on Proposition 308, a voter-approved measure allowing certain undocumented students to qualify for in-state tuition if they attended an Arizona high school for at least two years. Arizona Attorney General Kris Mayes has rejected the federal interpretation, maintaining the law is based on educational history rather than residency.

By September 10, the administration had initiated 25 total litigations against such benefits, including new lawsuits against Hawaii, Washington D.C., Arkansas, and Utah. The DOJ specifically targeted the University of the District of Columbia for offering tuition rates that favor undocumented residents over U.S. citizens living out of state. Deputy Attorney General Stanley E. Woodward Jr. stated the DOJ will not permit cases where undocumented immigrants are prioritized over U.S. citizens, asserting, “There will be no more cases where illegal immigrants are placed above U.S. citizens.” The Department cited a federal court ruling in Kansas, which declared a law allowing undocumented students to pay resident tuition unconstitutional, as a precedent. Additional lawsuits remain pending against jurisdictions including California, New York, Maryland, Colorado, Minnesota, and Virginia.

## Claims

- 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. (corroborated by 10 sources)
- Experts estimated that 3,600 undocumented students could qualify for in-state tuition annually prior to the law's passage. (corroborated by 6 sources)
- Attorney General Kris Mayes disputes the lawsuit, arguing that eligibility is based on Arizona education history rather than residency or immigration status. (corroborated by 3 sources)
- Arizona voters approved Proposition 308 in 2022. (corroborated by 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. (corroborated by 3 sources)
- Judges in five other states have already voided similar policies. (corroborated by 3 sources)
- The lawsuit alleges Proposition 308 violates a 1998 federal law and a recent executive order. (corroborated by 2 sources)

## Timeline

### 2026-09-10: U.S. Department of Justice sues states over undocumented student tuition

The U.S. Department of Justice has sued Hawaii, Arkansas, Utah, and D.C., challenging laws that allow undocumented immigrants to access in-state college tuition and financial aid.

9 sources. https://clstr.news/cluster/us-department-of-justice-sues-four-jurisdictions-over-undocumented-student-tuition

### 2026-08-27: U.S. Department of Justice sues four states over undocumented student tuition

The U.S. Department of Justice is suing Arizona, New Mexico, Oregon, and Washington to block undocumented students from accessing in-state tuition and financial aid, citing violations of federal law.

18 sources. https://clstr.news/cluster/arizona-sued-by-doj-over-in-state-tuition-for-noncitizens

### 2026-08-15: Justice Department sues states over undocumented immigrant tuition policies

The U.S. Justice Department is suing New York, Connecticut, and Vermont, alleging that in-state tuition policies for undocumented immigrants discriminate against out-of-state U.S. citizens.

2 sources. https://clstr.news/cluster/justice-department-sues-states-over-undocumented-immigrant-tuition-policies

### 2026-08-10: Department of Justice sues New York, Connecticut, and Vermont over immigrant tuition aid

The U.S. Department of Justice is suing New York, Connecticut, and Vermont, alleging their laws providing in-state tuition and financial aid to undocumented immigrants violate federal law.

16 sources. https://clstr.news/cluster/us-department-of-justice-sues-new-york-connecticut-and-vermont-over-immigrant-tuition-laws

### 2026-08-04: US Justice Department launches record denaturalization crackdown

The DOJ filed a record 25 denaturalization cases, targeting naturalized citizens from 17 countries for fraud and serious crimes, marking the largest crackdown in U.S. history.

3 sources. https://clstr.news/cluster/us-justice-department-launches-record-denaturalization-crackdown

### 2026-07-28: DOJ sues Colorado over in‑state tuition for undocumented students

The DOJ sued Colorado, claiming its in‑state tuition law for undocumented students violates federal law and seeks to block the policy.

3 sources. https://clstr.news/cluster/doj-sues-colorado-over-instate-tuition-for-undocumented-students

### 2026-07-23: US Justice Department Sues Colorado Over In‑State Tuition for Undocumented Students and Seeks Denaturalization of Ten Cr

The Justice Department sues Colorado over in‑state tuition for undocumented students and files denaturalization lawsuits against ten convicted naturalized citizens, seeking to strip their U.S. citizenship.

5 sources. https://clstr.news/cluster/us-justice-department-sues-colorado-over-instate-tuition-for-undocumented-students-and-seeks-denatur

### 2026-07-20: U.S. Justice Department seeks denaturalization of 10 naturalized criminals

The DOJ filed denaturalization lawsuits against 10 naturalized U.S. citizens from Cuba, Mexico, Pakistan, Peru and Poland for crimes such as child abuse, Medicare fraud and drug trafficking, calling it the “big

10 sources. https://clstr.news/cluster/us-doj-initiates-largest-denaturalization-action-against-10-naturalized-criminals

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Cite as: US DOJ expands lawsuits against non-citizen tuition benefits. CLSTR, https://clstr.news/situations/us-doj-denaturalization-of-naturalized-criminals
