The Justice Department filed lawsuits Thursday against Arizona, New Mexico, Oregon and Washington, bringing to 21 the total number of states the Trump administration has sued over laws granting in-state tuition and financial aid to residents who lack U.S. citizenship.
The latest round of litigation targets policies in all four states that allow certain undocumented residents to pay reduced in-state tuition rates at public colleges and universities, benefits the federal government argues are unconstitutional. In its court filings, the DOJ alleged the state laws “unconstitutionally discriminate against U.S. citizens who are not afforded the same reduced tuition rates or scholarships, create incentives for illegal immigration, and reward illegal aliens with benefits that U.S. citizens are not eligible for.”
Associate Attorney General Stanley E. Woodward Jr. framed the lawsuits as part of a broader enforcement campaign. “As of today, we have now sued 21 states who we allege were thwarting Congress’s clear prohibition on placing aliens over citizens,” Woodward said in a statement. “Our efforts will not cease until President Trump’s promise is fulfilled: illegal aliens will not receive benefits denied to American citizens.”
States Vow to Fight Back
Arizona, Oregon and Washington immediately announced plans to contest the lawsuits in court, while New Mexico’s governor’s office said it was reviewing the legal action. Arizona Attorney General Kris Mayes called the federal complaint based on a “faulty premise” and pointed out that the state’s Proposition 308 was approved by voters in 2022.
“The federal government has now sued 21 states for letting Dreamers who attended school in places like Arizona be able to afford a college education at our state’s community colleges and universities,” Mayes said. “Fundamentally, this is about state’s rights and I will vigorously defend Arizona’s right to set its own rules, especially ones that are passed by voters themselves.”
Oregon Governor Tina Kotek issued a similarly defiant response, noting that the state’s Tuition Equity Act has been in place since 2013. “Young people who grew up in Oregon, go to Oregon schools, and graduate from Oregon high schools are part of our communities and part of our future,” Kotek said. “Rather than focus on affordability and reduce costs for Oregon families, the federal administration seems determined to attack state laws that have been successful for a decade.”
“Washington state won’t be bullied into changing how we provide opportunities for young people in our state. We’ll see them in court, and we expect to win.” – Washington Governor Bob Ferguson
A Patchwork of State Laws Under Siege
Each of the four states has its own criteria for determining which students qualify for in-state rates. In Arizona, Proposition 308 allows high school graduates to qualify for in-state tuition at public universities and community colleges regardless of their immigration status, provided they attended an Arizona high school for at least two years and graduated or received an equivalent credential. New Mexico’s 2025 law extends in-state tuition and state-funded financial aid to residents who attended a secondary institution in the state for at least one year and either graduated from a New Mexico high school or received a high school equivalency credential there.
Oregon’s Tuition Equity Act, enacted in 2013, permits some state residents who are not U.S. citizens to pay resident tuition and fees at public universities. In Washington, non-citizens can qualify for in-state tuition after living in the state for at least one year before enrolling, provided they file an affidavit indicating their intention to apply for permanent residency and take steps toward citizenship.
Assistant Attorney General Brett A. Shumate of the Civil Division reinforced the administration’s legal argument. “This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Shumate said. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”
Widening Legal Battle
The four new lawsuits bring the total number of states targeted by the administration to 21, reflecting an accelerating campaign that began earlier this year. Several states, including Texas, Kentucky, Oklahoma and Nebraska, have already agreed to end their tuition policies for undocumented students following DOJ pressure. Minnesota defeated its case in court, a ruling the administration has appealed. Cases remain pending in New Jersey, California, Illinois and several other states.
The legal strategy represents one of the broadest federal enforcement actions against state-level immigration policies in recent memory. Critics argue the lawsuits amount to an unprecedented federal overreach into state education policy, while supporters contend they are necessary to enforce existing immigration law. The outcomes of the pending cases could set significant precedents for the balance of power between federal authority and state autonomy on immigration-related matters.
Legal scholars note that the cases turn on interpretations of federal immigration statutes, particularly provisions that prohibit states from granting certain benefits to undocumented immigrants unless they extend the same benefits to all U.S. citizens regardless of state residency. The DOJ argues that in-state tuition rates constitute such a benefit, while the states counter that residency-based tuition is a standard practice applied equally to all residents, citizens and non-citizens alike.
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