DOJ sues Oregon over in-state tuition for undocumented students
A sign marks the location of the U.S. Department of Justice (DOJ) headquarters building on April 30
(KTVZ) -- The U.S. Department of Justice filed lawsuits Thursday against Oregon, Arizona, New Mexico, and Washington over state laws that grant in-state tuition and financial aid to undocumented students.
The four new filings bring the department's total number of legal challenges against state-level tuition policies for illegal aliens to 21.
According to the complaints, the state regulations violate federal law by providing reduced tuition rates and scholarships to non-citizens living illegally in the country that are not offered to U.S. citizens.
The Justice Department is asking federal courts to permanently enjoin enforcement of state rules requiring public colleges and universities to provide residency-based tuition discounts and financial assistance regardless of lawful presence in the United States.
The Arizona complaint highlights specific enrollment and tuition cost data drawn from a report by the Arizona Center for Investigative Reporting. According to the filing, at least 720 undocumented students received in-state tuition at Arizona public colleges during the Fall 2025 semester, including 432 at Arizona State University. With a $24,000 difference between resident and nonresident tuition rates at ASU, the department calculated that undocumented students received roughly $10.5 million in reduced tuition at the university last year, with an estimated 3,600 students potentially qualifying annually under the law.
Associate Attorney General Stanley E. Woodward, Jr. stated that the department is acting to enforce long-standing federal prohibitions regarding non-citizens and state benefits.
“More than 30 years ago, Congress made clear that States cannot put illegal aliens before our Nation's own citizens,” Woodward said. “By granting illegal aliens in-state tuition, Washington, Ore., N.M., and Arizona are pushing citizens to the side and ignoring federal law. No more. As of today, we have now sued 21 states who we allege were thwarting Congress's clear prohibition on placing aliens over citizens. Our efforts will not cease until President Trump's promise is fulfilled: illegal aliens will not receive benefits denied to American citizens.”
Assistant Attorney General Brett A. Shumate of the Justice Department's Civil Division emphasized the administration's stance on postsecondary funding rules.
“This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Shumate said. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”
The legal campaign, conducted under Acting Attorney General Todd Blanche, has already yielded rulings in five states. Federal courts have issued orders permanently enjoining similar laws in Texas, Ky., Okla., Neb. and Illinois. Legal challenges targeting in-state tuition policies remain pending in 12 other states, including Minnesota, Va., Calif., N.J., Kan., Mass., R.I., Md., Colo., N.Y., Conn. and Vermont.
