DOJ Targets 3 More States in Effort to Axe In-State Tuition for Immigrants

WASHINGTON — The U.S. Department of Justice has sued New York, Connecticut and Vermont over laws that allow immigrants in the country without permanent legal status to pay in-state college tuition in the states where they live.

Students walk across the University of Louisville campus. Kentucky is one of 17 states the Trump administration sued to block in-state tuition for students in the country without permanent legal immigration status. (Photo by McKenna Horsley/Kentucky Lantern)

The suits, filed Aug. 10, are part of a larger push from the Trump administration to go after states with such policies, as the administration seeks to curb any benefits that could be extended to people without permanent legal status.

Since President Donald Trump re-took office, the DOJ has sued 17 states over laws that allow noncitizen students who meet certain requirements access to in-state tuition at public colleges and universities, regardless of their immigration status.

In five of those lawsuits the DOJ filed — targeting Texas, Kentucky, Nebraska, Oklahoma and Illinois — courts have already struck down the laws. All of those states, except for Illinois, had joined with the federal government rather than defend their laws.

Beyond New York, Connecticut and Vermont, lawsuits are also pending in California, Colorado, Kansas, Maryland, Massachusetts, Minnesota, New Jersey, Rhode Island and Virginia.

The lawsuits argue that the policies allow students without permanent legal status to pay drastically lower tuition for public education than U.S. citizens from other states.

“This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Assistant Attorney General Brett Shumate of the DOJ’s Civil Division said in a statement regarding the New York, Connecticut and Vermont lawsuits.

“This Department of Justice will not tolerate American students being treated like second-class citizens in their own country,” Shumate said.

Landscape of state laws

At least 20 states and Washington, D.C., offer in-state tuition to “the states’ undocumented students,” according to the Higher Ed Immigration Portal, a project of the Presidents’ Alliance on Higher Education and Immigration, a nonprofit and nonpartisan organization.

Roughly 525,000 “undocumented students” are enrolled in colleges and universities across the U.S., according to the Portal. An estimated 129,900 “undocumented students” are eligible for the Deferred Action for Childhood Arrivals program.

DACA is intended to help people brought into the country without legal documentation as children. The program, created by the Obama administration in 2012, protects participants from deportation and allows them to receive work permits and obtain driver’s licenses.

Five states, Arkansas, Idaho, Maine, Ohio and Texas, limit in-state tuition access to DACA recipients, according to the Portal.

Ongoing court battles threaten DACA recipients in Texas with the possibility of losing their ability to obtain a work permit.

‘Unprecedented’

Diego Sánchez, vice president of policy and strategy at the Presidents’ Alliance on Higher Education and Immigration, said the DOJ’s efforts to pursue states that offer in-state tuition benefits to students without permanent legal status is “unprecedented.”

“It’s a coordinated federal effort to dismantle state tuition equity policies that have existed for decades,” Sánchez told States Newsroom.

Sánchez added that the policies “do not provide free college or special tuition discounts — they generally allow students who attended and graduated from high school in the state and meet additional state requirements to pay the same in-state tuition rate as the classmates they grew up with.”

The students “still have to apply, they still have to be admitted, pay tuition and meet the same academic requirements as everyone else,” he said. “The state has already invested in these students … these are benefits that don’t only apply (to) undocumented students.”

DOJ goes after Texas first

The DOJ’s lawsuits came after Trump signed an executive order in April 2025 that calls on the U.S. attorney general to stop the enforcement of state laws and policies “favoring aliens over any groups of American citizens that are unlawful, preempted by Federal law, or otherwise unenforceable, including State laws that provide in-State higher education tuition to aliens but not to out-of-State American citizens.”

Texas was the first state the DOJ pursued over such policies.

The Justice Department challenged in June 2025 the Lone Star State’s 2001 law — the first of its kind in the country — signed by former Gov. Rick Perry, a Republican.

Rather than defend the law, Texas Attorney General Ken Paxton, a Trump-aligned Republican, sided with the DOJ to try to permanently block the state law and signed an agreement the same day the DOJ filed suit. A federal judge then blocked the Texas law.

A federal appeals court in July rejected an attempt from two advocacy groups, a Texas community college and a student, to intervene in the case and defend the Texas law. The appeals effort came after the federal judge had earlier rejected the groups’ attempt to intervene.

“It’s not the end of the road yet, but it’s been an uphill battle,” said Efrén Olivares, vice president of litigation and legal strategy at the National Immigration Law Center, one of several public interest groups that sought to intervene on behalf of one of the advocacy groups, the Texas community college and the student.

“It’s a shame because for the last year, thousands of kids who, all they’re doing is trying to get a college education to better themselves and their families, are now prevented from doing so by exorbitant tuition.”

by Shauneen Miranda, Virginia Mercury

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