DOJ sues Arizona, New Mexico, Oregon and Washington over tuition benefits for illegal immigrants
The Department of Justice argues that the states' laws unconstitutionally discriminate against U.S. citizens who do not have access to the same benefits and that they contradict federal legislation passed by Congress.
The Department of Justice (DOJ) in Washington (File Photo)
The Department of Justice filed lawsuits on Thursday against Arizona, New Mexico, Oregon and Washington to challenge state laws that allow immigrants in the country illegally to pay in-state tuition rates at universities and, in some cases, to receive financial aid and scholarships.
The Department of Justice argues that these laws unconstitutionally discriminate against U.S. citizens who do not have access to the same benefits and contradict federal legislation passed by Congress.
"Over 30 years ago, Congress made clear that States cannot put illegal aliens before our Nation’s own citizens," said Associate Attorney General Stanley E. Woodward Jr.
Woodward added that, with these four new lawsuits, the Department of Justice has now sued 21 states for enacting laws it believes contradict the federal prohibition on granting illegal immigrants benefits that are not available under the same conditions to U.S. citizens.
Brett A. Shumate, deputy assistant attorney general for the Civil Division of the Department of Justice, stated: "This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens."
Society
ICE arrested at least 1,328 undocumented immigrants during an operation in Virginia and Maryland
Williams Perdomo
The lawsuits seek to prevent Arizona, New Mexico, Oregon and Washington from enforcing laws and regulations that require universities and higher education institutions to offer in-state tuition rates to foreign nationals who reside in those states, regardless of whether they are legally in the United States.
The federal government also seeks to block the implementation of state programs that provide financial aid and scholarships to undocumented immigrants.
The Arizona case
The same report, according to the Department of Justice, includes data from Arizona universities and public colleges showing that at least 720 undocumented immigrants received in-state tuition rates during the fall semester of 2025, including 432 at Arizona State University.
The lawsuit alleges that, due to a difference of approximately $24,000 between in-state and out-of-state tuition rates at Arizona State University, undocumented immigrants received approximately $10.5 million in tuition discounts at that institution over the past year.
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