US Department of Justice Challenges State Laws Offering In-State Tuition to Illegal Aliens

The Department of Justice has initiated legal proceedings against three states—New York, Connecticut, and Vermont—for enacting laws that provide in-state tuition and financial assistance to illegal aliens. These laws are challenged for unconstitutionally discriminating against U.S. citizens by offering benefits not available to them, creating incentives for illegal immigration, and conflicting with federal statutes that prohibit such practices.

Associate Attorney General Stanley Woodward emphasized that Congress has explicitly prohibited states from prioritizing illegal aliens over citizens, and the lawsuits aim to enforce this federal mandate. The Department seeks to enjoin these states from enforcing laws that require colleges to offer in-state tuition regardless of lawful presence, as well as laws that provide financial aid and scholarships to illegal aliens.

This action marks the 17th lawsuit targeting in-state tuition benefits for illegal aliens across the United States. Previous successful cases in Texas, Kentucky, Oklahoma, Nebraska, Illinois, and others have resulted in orders declaring such laws unconstitutional. Pending cases in Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, and Colorado continue to challenge similar state policies.

The Department’s efforts are part of a broader initiative to ensure federal laws are upheld and that benefits are not extended to illegal aliens at the expense of U.S. citizens. The legal actions underscore the ongoing conflict between state policies and federal immigration law, with the Department committed to defending the latter.