Colorado’s In-State Tuition Policy Faces Federal Scrutiny
Colorado Governor Jared Polis defends the state’s policy granting in-state tuition to over 6,000 illegal immigrants. Speaking on ‘Fox & Friends Weekend,’ Polis argues that Colorado has the right to determine residency for tuition purposes. He notes that these students do not qualify for federal financial aid. This issue arises as Colorado faces a lawsuit from the Department of Justice (DOJ) over the policy.
The DOJ released a legal opinion stating that states participating in key welfare programs must report known illegal migrants to the federal government. This move could lead to the loss of billions in welfare funding if non-compliance occurs. The opinion marks a shift from a 1998 interpretation limiting reporting requirements to agencies administering the programs.
Previously, only agencies directly involved in welfare programs were required to report illegal migrants. Other state entities, like colleges and DMV offices, were not held to this standard. The DOJ now insists that all participating programs report to the Department of Homeland Security (DHS).
Deputy Assistant Attorney General Joshua Craddock stated, “Failure to comply may lead to serious consequences, including loss of program funding.” This stance aligns with President Donald Trump’s broader immigration policies, which have included federal raids and partnering with state authorities to identify suspected illegal migrants.
The administration’s actions have fueled tensions with Democrat-led states resistant to federal immigration enforcement. Legal challenges are anticipated, as some states have already sued to prevent DHS from accessing details of those receiving certain welfare benefits, like Temporary Assistance for Needy Families.
Historically, courts have limited efforts by federal authorities to mandate sharing migrant information. Nonetheless, they have sometimes permitted access to specific data, such as Medicaid information.
All 50 states and Washington, D.C., comply with reporting requirements for welfare programs. Federal funding for Temporary Assistance for Needy Families and Supplemental Security Income exceeds $76 billion annually. Illegal migrants are not eligible for these programs.