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US DOJ expands lawsuits against non-citizen tuition benefits

Updated 10 times since CLSTR started tracking revisions of this situation.

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2026-09-11 01:04 UTC → 2026-09-11 01:55 UTC · added ~~removed~~

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. ~~The DOJ noted that in previous cases involving states like Texas and Kentucky, courts have already voided similar programs.~~ 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.~~ 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.

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