DOJ sues 3 states over illegal immigrant college tuition benefits
Fox News correspondent David Spunt reports on the Justice Department’s lawsuits challenging laws in Vermont, Connecticut and New York that allegedly prioritize tuition benefits for illegal immigrants living in the United States over American citizens on ‘Special Report.’
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The Trump administration filed lawsuits against four states Thursday over laws allowing illegal immigrants to receive financial benefits offered to state residents, including in-state tuition, state grants and state-funded student loans.
The Justice Department argued that laws in Oregon, Washington, New Mexico and Arizona allowing illegal immigrants to receive benefits are in violation of a federal law that states an illegal immigrant is ineligible to receive higher education in-state benefits unless those same benefits are available to every U.S. student.
“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 said in a statement.
“This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”
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Arizona State University is facing criticism for allegedly continuing DEI efforts. (Getty)
The latest lawsuits bring the number of states facing legal challenges over laws granting illegal immigrant students the same benefits as lawful residents to 21. The Justice Department has won its cases in Texas, Kentucky, Oklahoma, Nebraska and Illinois.
“Our efforts will not cease until President Trump’s promise is fulfilled: Illegal aliens will not receive benefits denied to American citizens,” Associate Attorney General Stanley E. Woodward, Jr. said in a statement.
The difference between in-state and out-of-state tuition costs at public universities in the four states is significant. The complaint showed that for the 2026-2027 school year, Washington residents would pay $13,406, compared with $44,460 for out-of-state students at the University of Washington.
This means illegal immigrants could receive a $31,054 discount if they earned a high school diploma or equivalent in the state, lived there for at least one year for reasons other than attending college and signed an affidavit saying they would seek permanent residency when eligible.
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Arizona State University’s downtown Phoenix campus in Phoenix Dec. 25, 2015. (iStock)
The Justice Department’s lawsuit against Arizona also showed a significant difference between in-state and out-of-state tuition costs, with the largest gap at Arizona State University totaling $24,448.
The lawsuit alleged that in fall 2025, 432 illegal immigrants received in-state tuition benefits at Arizona State University amounting to $10.5 million in reduced tuition.
The lawsuit also cites a report from the Arizona Center for Investigative Reporting that estimates more than 3,600 illegal aliens per year could qualify for in-state tuition under Arizona’s law.
A spokesperson for the Arizona Board of Regents, a plaintiff in the lawsuit, said the school system follows state law.
“We are reviewing the lawsuit and will work closely with Arizona leaders on the appropriate next steps,” a spokesperson said.
The benefits extend beyond tuition costs.
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The Justice Department filed a lawsuit against Oregon over laws allowing illegal immigrants to receive in-state tuition. (Kevin Dietsch/Getty Images)
In Oregon, only in-state students enrolled at Oregon Health & Science University can receive a Rural Nurse Scholars Scholarship, which covers the full cost of tuition and a $1,500 travel stipend. The Justice Department alleges that illegal immigrants are eligible for the scholarship under state law.
In Washington, not only do illegal immigrants qualify for in-state tuition and grants, but the state also created a financial aid program for illegal immigrants living in the state who are unable to obtain federal financial aid. The program is known as the Undocumented Student Support Loan Program, and it was created under a bill passed in 2020.
Washington Gov. Bob Ferguson said in a statement to Fox News Digital that he stands by the state’s laws.
“Washington state won’t be bullied into changing how we provide opportunities for young people in our state,” Ferguson said. “We’ll see them in court, and we expect to win.”
A June 2024 report estimated that roughly 408,000 illegal immigrants were enrolled in higher education, with 29.1% arriving in the United States at age 17 or older.
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Lawsuits are pending in Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut and Vermont.
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Fox News Digital reached out to Oregon, New Mexico and Arizona’s governors’ offices for comment.