Justice Department Expands Lawsuit Against States on Tuition for Illegal Aliens

The Justice Department (DOJ) has added four more states to its list of those being sued for allowing illegal aliens to access affordable college tuition.

In complaints filed Thursday against Arizona, New Mexico, Oregon, and Washington, federal lawyers requested that the courts prevent these states from offering reduced tuition rates, scholarships, and financial aid to illegal aliens. Interestingly, these benefits are not available to American citizens from other states.

The allegations across all four lawsuits are consistent. Federal law prohibits states from providing higher education benefits to illegal aliens based solely on residency unless U.S. citizens receive the same benefits, regardless of their state of residence. The filings assert that these four states have disregarded that rule, with New Mexico having done so for over twenty years.

Associate Attorney General Stanley E. Woodward Jr. criticized the states for prioritizing illegal aliens over American citizens, stating, “Over 30 years ago, Congress made clear that states cannot put illegal aliens before our Nation’s own citizens. By granting illegal aliens in-state tuition, Washington, Oregon, New Mexico, and Arizona are pushing citizens aside and ignoring federal law. No more.”

Assistant Attorney General Brett A. Shumate from the Civil Division articulated the issue more directly: “This is a simple matter of federal law: 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.”

The complaint regarding Arizona cites financial figures, indicating that at least 720 illegal aliens benefited from in-state tuition rates during the fall 2025 semester, including 432 at Arizona State University (ASU). Considering that the difference between resident and non-resident tuition at ASU is approximately $24,000, the DOJ estimates that illegal aliens received around $10.5 million in reduced tuition for that institution alone. The report anticipates that over 3,600 individuals could qualify for such benefits annually.

Washington takes it a step further; the state has a loan program directed exclusively at illegal aliens who fulfill its residency requirements, aiming to replicate the benefits that citizens receive through federal loans. Notably, Americans from other states cannot apply for this program.

This initiative began with an executive order signed by Trump in April 2025, which directed the attorney general to eliminate state laws that favor aliens over citizens. The DOJ has since pursued legal action, having already sued Virginia in December.

With these latest lawsuits, the total number of states facing action is now 21, following recent legal efforts against New York, Connecticut, and Vermont. Previously, laws in five states, including Texas, Nebraska, and Illinois, have already been invalidated.

However, not every attempt by the DOJ has been successful. For instance, a federal judge in Minnesota dismissed the department’s case in March, concluding that the federal statute does not supersede the state’s tuition regulations.

The department’s announcements have generated significant support on social media regarding the lawsuits.