DOJ challenges state in-state tuition policies for undocumented students
DOJ sues 14 states over in-state tuition policies for undocumented immigrants.
Event / Politics
DOJ In-State Tuition Policy Lawsuits
Federal government filing multiple lawsuits challenging state in-state tuition and financial aid policies for undocumented immigrants, arguing they violate federal law and the Constitution. Fourteen lawsuits filed across multiple states, with recent court ruling favoring the federal government in Illinois case.
3 reported locations
Daily activity
0 articles0 articles
2026-08-15 to 2026-11-12 · UTC publication dates
Coverage begins 26 Jul, 01:46 UTC
Follow the documented timeline or explore the related reporting.
What happened
Illinois court rules against state's in-state tuition policy for illegal immigrants
The District Court for the Southern District of Illinois ruled in favor of the federal government in a lawsuit against Illinois's in-state tuition benefits for illegal immigrants. The case was filed in September 2025, with Illinois subsequently filing a motion to dismiss. The court determined Illinois violated federal law by granting preferential treatment to illegal immigrants.
DOJ pursuing 14 lawsuits challenging state in-state tuition policies for illegal immigrants
As of July 23, 2025, the Department of Justice has filed 14 lawsuits challenging in-state tuition policies for illegal immigrants. Cases filed against California, Virginia, Massachusetts, Maryland, Rhode Island, New Jersey, Kansas, and Minnesota are pending. The DOJ stated its intent to continue pursuing such cases to ensure illegal immigrants do not receive benefits denied to U.S. citizens.
Colorado's in-state tuition law allows illegal immigrant students to access tuition benefits
Colorado's Advancing Students for a Stronger Tomorrow Act, initially passed in 2013 and amended in 2019 and 2022, allows illegal immigrant students living in the state to access in-state tuition and financial aid when applying to Colorado public universities or community colleges. The 2022 revision reduced the residency requirement from at least three years to just one year of high school attendance. According to Colorado's Department of Higher Education, the act removed barriers that had prevented thousands of illegal immigrant high school students from qualifying for these benefits.
DOJ sues Colorado over in-state tuition policy for illegal immigrants
The Department of Justice filed a lawsuit against Colorado on July 23, 2025, challenging the state's Advancing Students for a Stronger Tomorrow Act, which provides in-state tuition and financial aid to illegal immigrant students. The DOJ argues the policy violates the Supremacy Clause of the U.S. Constitution by granting preferential treatment to illegal immigrants over U.S. citizens. The lawsuit names the Colorado Commission on Higher Education, the Colorado Department of Higher Education, and its executive director as defendants.
Read the coverage
2 alternative perspectives