The Trump administration’s Justice Department announced Thursday that it has filed lawsuits against four states—Oregon, Washington, New Mexico and Arizona—over statutes that allow illegal immigrants to receive the same college financial benefits as lawful residents. The suits contend that the state laws conflict with a federal provision that bars illegal immigrants from receiving in‑state tuition, state grants or state‑funded student loans unless those benefits are offered to every U.S. student.
Federal officials cite clear legal mandate
Assistant Attorney General Brett A. Shumate of the DOJ’s Civil Division said, “This is a simple matter of federal law: Colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens.” He added that the department will not tolerate American students being treated as second‑class citizens in their own country.
State tuition gaps highlighted
The complaint details the stark cost differences between in‑state and out‑of‑state tuition. For the 2026‑2027 academic year, a Washington resident would pay $13,406 at the University of Washington, while an out‑of‑state student would owe $44,460—a gap of $31,054. Under current state law, illegal immigrants who graduate from a Washington high school, live in the state for at least a year for reasons other than college, and sign an affidavit promising to seek permanent residency can qualify for the in‑state rate.
In Arizona, the DOJ points to a $24,448 gap at Arizona State University. The department alleges that in fall 2025, 432 illegal immigrants received in‑state tuition, resulting in $10.5 million in reduced tuition revenue. A report from the Arizona Center for Investigative Reporting estimates that more than 3,600 illegal aliens each year could qualify for in‑state tuition under the state’s law.
Scholarships and broader benefits under scrutiny
The lawsuit also targets a Rural Nurse Scholars Scholarship at Oregon Health & Science University, which covers full tuition and a $1,500 travel stipend. The DOJ claims that illegal immigrants are eligible for this scholarship under Oregon law, further extending state‑funded benefits beyond tuition.
A June 2024 report estimated roughly 408,000 illegal immigrants were enrolled in higher education nationwide, with 29.1% arriving in the United States at age 17 or older.
Legal precedent and ongoing battles
These new actions bring the total number of states facing DOJ challenges over illegal‑immigrant tuition benefits to 21. The department has previously won cases in Texas, Kentucky, Oklahoma, Nebraska and Illinois. Associate Attorney General Stanley E. Woodward, Jr. said the administration’s efforts will continue until President Trump’s promise is fulfilled: illegal aliens will not receive benefits denied to American citizens.
Additional lawsuits are pending in Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut and Vermont. Fox News Digital reached out to the governors’ offices in Oregon, Washington, New Mexico and Arizona for comment.
Implications for students and families
If the lawsuits succeed, states will be required to revise their residency criteria, potentially limiting access to affordable college for students who have lived, studied and contributed to their communities for years. Supporters of the lawsuits argue that the changes protect taxpayer dollars and ensure that American families receive the full benefit of public higher‑education funding.
Critics contend that the measures could deter undocumented youth from pursuing higher education and undermine pathways to legal residency. The debate underscores the broader national conversation about immigration policy, state versus federal authority, and the role of education in American opportunity.
Original reporting: Fox News (HLL/CB) — read the source article.
