DOJ Challenges States Over Tuition Benefits for Illegal Immigrants

The Department of Justice (DOJ) has filed lawsuits against three states, Vermont, Connecticut, and New York, over their laws offering tuition benefits to illegal immigrants. These benefits allegedly prioritize illegal immigrants over American citizens. The lawsuits argue that state laws contradict a federal law stating that illegal immigrants are not eligible for in-state tuition unless the same benefits are offered to all U.S. students.

The DOJ filed these legal challenges as part of broader efforts under the Trump administration targeting states like Oregon, Washington, New Mexico, and Arizona. The aim is to ensure that illegal immigrants do not receive financial benefits unavailable to citizens. Brett A. Shumate from the DOJ’s Civil Division emphasized that American students should not be treated as second-class citizens in their own country.

The Justice Department stated, “Colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens.”

This legal action increases the total number of states facing challenges under similar grounds to 21. The DOJ has claimed victories in states such as Texas, Kentucky, and Illinois. The lawsuits focus on disparities in tuition fees, highlighting the financial advantage illegal immigrants might receive. For example, at the University of Washington, a resident could pay significantly less than an out-of-state student, potentially saving $31,054.

Arizona is also under scrutiny, where large numbers of illegal immigrants reportedly receive in-state tuition. Arizona State University, for instance, allegedly provided $10.5 million in reduced tuition to 432 illegal students in 2025. The state law allows these benefits if certain conditions, such as residency for at least a year, are met.

In Oregon, illegal immigrants may qualify for scholarships involving full tuition and additional stipends. Washington has also established financial aid programs specifically for illegal immigrants, emphasizing the intent to assist students unable to access federal financial aid.

Washington Governor Bob Ferguson has defended his state’s stance, expressing readiness to contest the DOJ in court. He believes in maintaining opportunities for the state’s youth without succumbing to external pressures.

A report from June 2024 highlighted that around 408,000 illegal immigrants are enrolled in higher education. This group includes a significant number who entered the United States at the age of 17 or older.