The Justice Department has initiated lawsuits against Vermont, Connecticut, and New York. The legal actions target laws that allegedly prioritize tuition benefits for illegal immigrants over American citizens.
These lawsuits build on earlier efforts by the Trump administration, which filed similar suits against Oregon, Washington, New Mexico, and Arizona. These states allow illegal immigrants to access benefits meant for state residents, including in-state tuition, grants, and loans.
“This is a simple matter of federal law: Colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” said Assistant Attorney General Brett A. Shumate.
The Justice Department has successfully challenged similar laws in Texas, Kentucky, Oklahoma, Nebraska, and Illinois. The current lawsuits have expanded the number of states facing legal scrutiny to 21.
In-state and out-of-state tuition discrepancies are highlighted in these cases. For instance, at the University of Washington, in-state students pay $13,406, while out-of-state students pay $44,460. Illegal immigrants benefitting from in-state rates enjoy significant discounts.
In Arizona, the lawsuit mentions that in fall 2025, 432 illegal immigrants received reduced tuition, totaling $10.5 million in savings. An estimated 3,600 illegal immigrants per year might qualify for in-state tuition under Arizona’s law.
The Arizona Board of Regents stated they adhere to state laws and will consult with state leaders on how to proceed with the lawsuits.
Oregon offers scholarships exclusive to in-state students, including the Rural Nurse Scholars Scholarship. The Justice Department contends that illegal immigrants qualify under current state law.
Washington provides additional financial aid programs for illegal immigrants. Governor Bob Ferguson supports these laws and intends to defend them in court.
According to a June 2024 report, roughly 408,000 illegal immigrants were enrolled in higher education. About 29.1% of them arrived in the United States at age 17 or older.
Legal challenges are also ongoing in states such as Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, and Colorado.
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