DOJ and Oklahoma AG Sue to End Undocumented Tuition

The United States Department of Justice and the Department of Homeland Security filed a federal lawsuit on August 5, 2025, to invalidate an Oklahoma state law from 2007 that allows undocumented immigrants to pay in-state college tuition. The law provides lower rates at 25 state-run colleges for DACA recipients and high school graduates who have resided in the state for at least two years.

In a rare alignment, Oklahoma Attorney General Gentner Drummond joined the federal effort, filing a joint motion to prevent the state statute from being enforced. Drummond characterized the tuition benefits as a "longstanding exploitation of Oklahoma taxpayers." The federal government argues the law violates the Supremacy Clause of the U.S. Constitution by treating non-citizens more favorably than U.S. citizens from other states.

This legal action follows executive orders from President Donald Trump directing federal agencies to limit taxpayer-funded benefits for individuals in the U.S. illegally. The administration has pursued similar challenges in Minnesota, Kentucky, and Texas, where a federal judge previously ruled a similar policy unconstitutional.

The Oklahoma State Regents for Higher Education and the University of Oklahoma have stated they will comply with federal law and any subsequent court rulings. However, immigration advocates and local officials argue that removing these benefits will harm the state's economy and workforce by discouraging undocumented students from pursuing higher education.