DOJ Sues States Over In-State Tuition for Undocumented Students
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DOJ Sues States Over In-State Tuition for Undocumented Students
- On Monday, August 11, 2026, the U.S. Department of Justice filed lawsuits against New York, Connecticut, and Vermont, challenging their state laws that allow undocumented immigrants to receive in-state tuition and financial aid at public colleges and universities.
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Associate Attorney General Stanley Woodward stated that these state policies unconstitutionally discriminate against U.S. citizens from other states and incentivize illegal immigration.
The U.S. Department of Justice (DOJ) has initiated lawsuits against New York, Connecticut, and Vermont, aiming to block state policies that grant in-state tuition rates and financial assistance to undocumented students attending public higher education institutions. These legal challenges, filed on Monday, August 11, 2026, contend that such state laws are unconstitutional, violate federal statutes, and unfairly discriminate against U.S. citizens residing in other states who face significantly higher out-of-state tuition costs.
According to Associate Attorney General Stanley Woodward, these state policies prioritize individuals who are not lawfully present in the U.S. over American citizens. For example, in New York, undocumented students who graduate from a state high school may pay $7,700 annually at State University of New York campuses, while U.S. citizens from other states are charged approximately $17,730.
Officials from the targeted states have voiced strong opposition to the lawsuits. Connecticut Attorney General William Tong, who supported the state’s in-state tuition law in 2011, vowed to defend the policy, emphasizing that “all kids deserve the opportunity to learn.” Similarly, New York Governor Kathy Hochul’s spokesperson, Gordon Tepper, expressed confidence in the legality of New York’s statute, affirming the belief that all New York high school students should have access to higher education within the state. Connecticut’s Governor Ned Lamont also defended the state’s approach, stating that children who grow up and graduate from public schools in Connecticut should be able to afford college there, including those who have applied for legal status.
Federal law, specifically Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), dictates that states cannot provide postsecondary education benefits based on residency to undocumented immigrants unless the same benefits are extended to U.S. citizens, regardless of their state of residence. While some courts have confirmed that states offering tuition equity laws comply with this provision by applying similar residency criteria to all students, the current administration argues that these state laws still create an unfair advantage. These recent lawsuits are part of a broader campaign by the administration, which has now filed similar challenges against 17 states concerning in-state tuition and financial aid for undocumented students.