The U.S. Department of Justice has launched lawsuits challenging laws in several states, including Vermont, Connecticut, and New York, that allegedly prioritize tuition benefits for illegal immigrants over American citizens. This move comes as part of a broader legal initiative under the Trump administration to address financial benefits granted to illegal immigrants across different states.
The federal lawsuits, aimed at Oregon, Washington, New Mexico, and Arizona, argue that state laws offering benefits such as in-state tuition, state grants, and state-funded student loans to illegal immigrants violate federal law. The law specifies that an illegal immigrant is ineligible for higher education in-state benefits unless those same benefits are uniformly available to all U.S. students.
Assistant Attorney General Brett A. Shumate emphasized the importance of adhering to federal law, stating, “Colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens. This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”
These recent lawsuits increase the number of states facing legal challenges to 21, following successful cases in Texas, Kentucky, Oklahoma, Nebraska, and Illinois. Associate Attorney General Stanley E. Woodward, Jr. reiterated the department’s commitment by saying, “Our efforts will not cease until President Trump’s promise is fulfilled: Illegal aliens will not receive benefits denied to American citizens.”
The cost differences between in-state and out-of-state tuition in these states are substantial. For example, at the University of Washington, state residents pay $13,406, whereas out-of-state students face costs of $44,460, resulting in a $31,054 savings for qualifying illegal immigrants. The Justice Department claims many illegal immigrants meet the criteria for in-state tuition benefits, including having lived in the state for over a year for reasons other than attending college and pledging to seek permanent residency.
Arizona also faces legal scrutiny, with a substantial gap noted in tuition costs at Arizona State University. The department’s suit claims that in fall 2025, 432 illegal immigrant students benefited from in-state tuition, saving $10.5 million in total fees. A report by the Arizona Center for Investigative Reporting suggests that over 3,600 illegal immigrants annually may qualify for these benefits.
In Oregon, legal challenges focus on scholarships like the Rural Nurse Scholars Scholarship, which covers tuition and provides stipends. According to the lawsuit, illegal immigrants are eligible for these scholarships under state regulations.
A June 2024 report estimated that approximately 408,000 illegal immigrants were enrolled in higher education, with a notable percentage arriving in the United States at age 17 or older.
The lawsuits are indicative of continued legal disputes, as cases are pending in several other states, including Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut, and Vermont.
Fox News Digital reached out to governors’ offices in Oregon, Washington, New Mexico, and Arizona for comments regarding the lawsuits.
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