DOJ Sues 4 States Over Tuition for Undocumented Students

The U.S. Department of Justice filed federal lawsuits on Thursday against Arizona, New Mexico, Oregon, and Washington, accusing the four states of illegally offering in-state college tuition and financial aid to undocumented students. The actions bring the total number of states sued by the federal government in this ongoing legal campaign to 21.

The lawsuits allege that laws in each state violate a 1996 federal statute by granting postsecondary education benefits to undocumented immigrants based on state residency without extending the same benefits to all U.S. citizens, regardless of where they live. The Justice Department is seeking court orders to block the enforcement of these state policies.

Associate Attorney General Stanley E. Woodward Jr. stated that the states are "pushing citizens to the side and ignoring federal law." The department's legal theory centers on Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. This latest round of litigation carries out a February 2025 executive order directing the Justice Department to challenge such state laws.

Each state has its own policy framework. Arizona's law stems from Proposition 308, a...