The Department of Justice (DOJ) has initiated legal action against several states, arguing that their laws, which provide tuition benefits to illegal immigrants, contravene federal law. The DOJ’s lawsuits target Vermont, Connecticut, and New York, among others, and assert that these states’ policies prioritize illegal immigrants over U.S. citizens regarding college tuition benefits.
The litigation includes claims against Oregon, Washington, New Mexico, and Arizona for allowing illegal immigrants to receive in-state tuition, state grants, and state-funded student loans. According to federal law, illegal immigrants should not receive in-state tuition unless these benefits are available to all American students. Assistant Attorney General Brett A. Shumate stated that American students should not be treated as second-class citizens in their own country.
The DOJ’s actions align with efforts from the former Trump administration, which filed lawsuits against states like Texas, Kentucky, Oklahoma, Nebraska, and Illinois. The lawsuits contend that allowing illegal immigrants these benefits breaches the spirit of U.S. immigration laws.
A significant point of contention is the cost disparity between in-state and out-of-state tuition. In Washington, the difference can be as much as $31,054, demonstrating the financial implications of current state policies. The lawsuit highlights that for the 2026-2027 academic year, Washington residents would pay $13,406, whereas out-of-state students would pay $44,460 at the University of Washington.
Arizona State University is also a focal point, with the lawsuit noting a $24,448 gap in tuition costs between in-state and out-of-state students, which potentially affects 432 illegal immigrants receiving in-state tuition benefits amounting to $10.5 million.
In Oregon, the DOJ challenges laws that permit illegal immigrants to access scholarships like the Rural Nurse Scholars Scholarship, which covers full tuition and a stipend. Meanwhile, in Washington, illegal immigrants not only qualify for in-state tuition but benefit from the Undocumented Student Support Loan Program, targeting those unable to obtain federal financial aid.
Despite these lawsuits, state representatives, such as Washington Gov. Bob Ferguson, maintain support for their state laws, emphasizing their intent to provide educational opportunities irrespective of federal pressures.
As of June 2024, approximately 408,000 illegal immigrants enrolled in U.S. higher education, with over 29% arriving at the age of 17 or older. Additional lawsuits are pending in multiple other states, reflecting the nationwide implications of the ongoing legal battles.