Justice Department Sues 25 States Over In-State Tuition for Immigrants

The United States Department of Justice has completed a nationwide legal campaign by filing lawsuits against 25 states and the District of Columbia to end the practice of offering in-state college tuition and financial assistance to undocumented immigrants. The most recent filings, submitted on September 10, targeted Hawaii, Arkansas, Utah, and the District of Columbia. The department argues these policies violate the Supremacy Clause of the U.S. Constitution and federal statutes from 1996, while treating American students as second-class citizens.

This legal effort follows a February 2025 executive order from President Donald Trump directing federal agencies to ensure taxpayer-funded benefits are not provided to unqualified aliens. The DOJ has already secured victories in six states, including Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas, forcing them to terminate their special tuition deals. Litigation remains pending in 16 other states, including California, New York, and Washington.

Responses to the litigation vary by jurisdiction. The Government of Arkansas indicated it agrees that federal law preempts state law and that its Act 844 of 2019 should not be enforced. In Utah, the lawsuit names the state and the Utah System of Higher Education as defendants. While some Utah legislators argue that state resources should prioritize citizens, the Mexican American Legal Defense and Educational Fund condemned the campaign as an unprecedented and unwarranted attack on the rights of young immigrants.