Justice Dept. Sues 3 States Over In-State Tuition for Undocumented Students

The U.S. Justice Department filed lawsuits on Monday, August 10, 2026, against New York, Connecticut, and Vermont, challenging state laws that allow undocumented students to pay in-state tuition rates at public colleges and universities. The federal government argues these "Dream Act" policies violate a 1996 immigration law by granting educational benefits to non-citizens based on residency while denying comparable benefits to U.S. citizens from other states.

The lawsuits, announced by the Trump administration, mark the latest action in a broader nationwide campaign. The Justice Department has now filed complaints against 17 states over similar tuition policies. Associate Attorney General Stanley Woodward stated that Congress has long made clear that states cannot provide certain postsecondary education benefits to undocumented immigrants unless American citizens are eligible for the same benefits regardless of where they live. "By granting illegal aliens in-state tuition, New York, Vermont, and Connecticut are doing just that," Woodward said.

The federal government's legal argument centers on 8 U.S.C. 1623a, which restricts states from offering postsecondary education benefits...