DOJ Challenges State Tuition Benefits for Illegal Immigrants
The Department of Justice (DOJ) has filed lawsuits against Vermont, Connecticut, and New York, contesting laws that allegedly prioritize tuition benefits for illegal immigrants over American citizens. This development was reported by David Spunt on Fox News.
The Trump administration has initiated legal action against these states, aiming to challenge laws that provide illegal immigrants with financial benefits typically reserved for state residents. This includes in-state tuition, state grants, and state-funded student loans.
Federal Law Concerns
The DOJ argues that state laws in Oregon, Washington, New Mexico, and Arizona violate a federal statute. According to federal law, illegal immigrants cannot receive in-state education benefits unless such benefits are equally accessible to all U.S. students. Brett A. Shumate, Assistant Attorney General in the DOJ’s Civil Division, emphasized that colleges must not grant advantages to illegal aliens that are unavailable to U.S. citizens.
“This Department of Justice will not tolerate American students being treated like second-class citizens in their own country,” stated Shumate.
Previous Legal Victories
The DOJ has previously succeeded in similar cases in Texas, Kentucky, Oklahoma, Nebraska, and Illinois. Associate Attorney General Stanley E. Woodward, Jr. stated that the DOJ will continue efforts to ensure American citizens do not miss out on benefits granted to illegal immigrants.
The discrepancies in tuition costs are significant. For the 2026-2027 academic year, residents of Washington might pay $13,406, whereas out-of-state students pay $44,460 at the University of Washington. Illegal immigrants, if eligible, could save $31,054 if they meet certain conditions, such as having resided in the state for at least a year.
Specific State Situations
Arizona State University faced accusations for allowing 432 illegal immigrants to access in-state tuition in fall 2025, resulting in reduced tuition fees totaling $10.5 million. Arizona’s law may permit over 3,600 illegal aliens per year to qualify for in-state tuition, according to an Arizona Center for Investigative Reporting estimate.
The Arizona Board of Regents, a plaintiff in the lawsuit, affirmed commitment to state law, expressing intent to collaborate with Arizona leaders on the issue.
Beyond tuition, such benefits extend into other areas. For instance, the Rural Nurse Scholars Scholarship at Oregon Health & Science University, which illegal immigrants can access under state law, includes full tuition coverage and a travel stipend.
Washington’s Stance
In Washington, the state has introduced initiatives such as the Undocumented Student Support Loan Program for those ineligible for federal financial aid. Gov. Bob Ferguson defends these policies, pledging to confront the DOJ in court.
Ongoing Legal Cases
The DOJ has initiated lawsuits in multiple states beyond the four mentioned. These include Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut, and Vermont. These cases highlight the broader national debate over education benefits for illegal immigrants.