The U.S. Department of Justice (DOJ) filed lawsuits on August 10 against Connecticut, New York, and Vermont, alleging their state laws unlawfully provide in-state tuition rates and financial aid to undocumented immigrants in violation of federal statutes.
The complaints argue that these policies discriminate against U.S. citizens by granting tuition benefits to illegal immigrants that are not equally available to American students. The DOJ claims the states’ actions conflict with the 1996 Personal Responsibility and Work Opportunity Reconciliation Act and the Illegal Immigration Reform and Immigrant Responsibility Act, which prohibit states from offering in-state tuition to undocumented immigrants unless the same benefit is extended to all U.S. citizens regardless of residency.
Associate Attorney General Stanley Woodward stated in a news release that the lawsuits seek to enforce federal law, asserting, "Congress long ago made clear that states cannot put illegal aliens over our nation’s own citizens." The DOJ has now filed 17 such lawsuits nationwide, with prior victories in Texas, Kentucky, Oklahoma, Nebraska, and Illinois, while cases in Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, and Colorado remain pending.
-- Federal Legal Basis and State Policies in Question --
The DOJ’s complaints focus on specific state laws and university policies. In Connecticut, the lawsuit challenges statutes that allow undocumented students to pay in-state tuition if they meet certain residency requirements, as well as state-funded financial aid programs open to noncitizens. Vermont is accused of maintaining policies at the University of Vermont that permit in-state tuition for undocumented residents and provide state-funded grants regardless of immigration status. New York faces similar allegations regarding its tuition-assistance programs for undocumented students.
The federal government argues that these state laws violate the supremacy clause of the U.S. Constitution, which holds that federal law supersedes state law when conflicts arise. Assistant Attorney General Brett Shumate emphasized the department’s position, stating, "This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens."
-- State Responses and Broader Implications --
The lawsuits come amid ongoing national debates over immigration policy and higher education access. Supporters of the DOJ’s actions argue that the federal government is upholding equal treatment under the law, ensuring that taxpayer-funded benefits do not prioritize undocumented immigrants over U.S. citizens. Critics, however, contend that the lawsuits target vulnerable populations and may undermine states’ rights to set education policies.
The DOJ’s legal campaign follows a broader pattern of federal enforcement under the current administration, with 17 lawsuits filed since 2020 challenging similar state policies. The outcomes of these cases could set precedents affecting tuition policies in other states with comparable laws, including those where litigation is still pending.