The Department of Justice (DOJ) filed a lawsuit against Colorado on Thursday, challenging the state's policy that grants in-state tuition and financial aid to illegal immigrants. The lawsuit targets Colorado’s Advancing Students for a Stronger Tomorrow Act, which was initially passed in 2013 and amended in 2019 and 2022. The law allows undocumented students who meet residency requirements to access in-state tuition and financial benefits at Colorado public universities and community colleges, while out-of-state U.S. citizens pay higher rates.
The DOJ argues that the law violates the U.S. Constitution’s Supremacy Clause, asserting that Congress has preempted states from offering such benefits to illegal immigrants. The lawsuit seeks a permanent injunction to block the enforcement of the Act, naming the Colorado Commission on Higher Education, the Colorado Department of Higher Education, and its executive director as defendants.
Background and Context
The Colorado law has been amended over the years to reduce barriers for undocumented students. The 2022 revision shortened the required high school attendance period from three years to one year to qualify for benefits. The DOJ claims that several courts have struck down similar laws as unconstitutional.
Opposing Views
Colorado Governor Jared Polis defended the state’s right to define residency for tuition purposes, emphasizing the benefits for students. Meanwhile, U.S. Attorney Steven Weinhoeft stated that Illinois’ similar laws were ruled unconstitutional, marking another victory for the Trump administration’s immigration agenda. The Illinois ruling, issued by a Trump-appointed judge, permanently blocked the state from enforcing its in-state tuition policies for illegal immigrants.
Legal and Policy Implications
The lawsuit raises questions about states’ authority to set education policies for undocumented residents. Supporters of the Colorado law argue it promotes educational access and economic integration, while critics contend it incentivizes illegal immigration and unfairly advantages undocumented students over out-of-state citizens.
Recent Developments
The DOJ’s lawsuit against Colorado follows a federal court ruling in Illinois that invalidated similar state laws. The Illinois decision, which delayed enforcement for 14 days to allow for an appeal, underscores the ongoing legal battles over state immigration policies.