Justice Department Sues Three States Over Undocumented Tuition

The United States Department of Justice filed lawsuits on August 11, 2026, against New York, Connecticut, and Vermont, challenging state laws that provide in-state college tuition and financial assistance to undocumented residents and refugees. Federal prosecutors argue these policies violate the Supremacy Clause of the Constitution and a 1996 federal law by providing benefits to noncitizens that are denied to U.S. citizens from other states who must pay higher out-of-state rates.

In Connecticut, the lawsuit specifically targets statutes from 2011 and later that extend eligibility to veterans and students who graduated from state high schools. This action is part of a wider federal campaign targeting 17 states. While Nebraska, Oklahoma, and Texas settled to end their policies and a judge struck down laws in Illinois, a similar suit in Minnesota was dismissed.

Connecticut Governor Ned Lamont and Attorney General William Tong vowed to fight the lawsuit, asserting that the federal government lacks the authority to dictate how the state runs its schools. New York officials similarly defended their policies, stating that all high school students deserve the opportunity to pursue higher education. Associate Attorney General Stanley Woodward stated that the department will not cease its efforts until undocumented immigrants no longer receive benefits denied to U.S. citizens.