Justice Department Sues Four States Over Undocumented Tuition

The United States Department of Justice filed lawsuits on August 27, 2026, against Arizona, New Mexico, Oregon, and Washington to challenge state laws providing in-state tuition and financial assistance to undocumented immigrants. The department argues these policies unconstitutionally discriminate against U.S. citizens who are not afforded the same reduced rates and violate federal restrictions established by Congress and executive orders from President Donald Trump.

Federal officials assert that these laws create incentives for illegal immigration by rewarding non-citizens with benefits denied to American citizens living outside those states. This action brings the total number of states sued by the administration over tuition policies to 21. While the department reports favorable results in Texas, Kentucky, Oklahoma, Nebraska, and Illinois, a federal judge recently dismissed a similar lawsuit against Minnesota. Lawsuits remain pending in 12 other states, including California, New York, and Massachusetts.

Associate Attorney General Stanley E. Woodward Jr. stated that the policies push citizens aside in favor of illegal aliens. The complaints seek court orders to block the enforcement of the state laws, while the governors of the four newly sued states have not yet responded.