Justice Department Challenges In-State Tuition Laws for Illegal Immigrants

The justice department under the Trump administration announced intentions to sue New York, Connecticut, and Vermont. The lawsuit targets state laws offering in-state tuition rates and financial incentives to illegal immigrants.

According to the department, these laws unlawfully discriminate against U.S. citizens who do not receive the same benefits. The department claims these laws encourage illegal immigration and conflict with federal law. The lawsuits seek to prevent the enforcement of laws providing financial aid to illegal immigrants or tuition rates based on residency without regard to legal status.

“This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division stated.

The Department of Justice has expressed confidence in their legal strategy. It cites success in five states, including Texas, Kentucky, and Nebraska, where courts declared similar laws unconstitutional.

Connecticut Attorney General William Tong criticized the lawsuit against his state. He emphasized Connecticut’s commitment to providing educational opportunities irrespective of immigration status. Tong argued that federal authorities lack jurisdiction over state-run education policies.

Seventeen states face lawsuits over similar tuition laws. A recent court ruling found Illinois’ in-state tuition policies for illegal immigrants unconstitutional. It marks a significant legal victory for the justice department.

Contact Lindsay Kornick at [email protected] or follow on Twitter: @lmkornick.