DOJ Sues New Jersey Over Tuition for Undocumented Immigrants
The U.S. Department of Justice has initiated a lawsuit against New Jersey, contesting laws that enable undocumented immigrants to access in-state tuition and financial aid.
Specifically, the federal government wishes to block enforcement of two key statutes. The first is a 2013 law endorsed by former Governor Chris Christie that allows undocumented students to qualify for in-state tuition. The second came in 2018 under former Governor Phil Murphy, which further broadened access to state-funded financial assistance.
The Justice Department contends that these state measures breach federal regulations concerning benefits provided to noncitizens, insisting that judicial action is necessary to halt their enforcement.
“This is a straightforward issue of federal law. Universities in New Jersey and nationwide shouldn’t grant benefits to undocumented individuals that aren’t available to American citizens. The Justice Department will not allow American students to become second-class citizens in their own country,” stated Assistant Attorney General Brett A. Shumate.
On the other hand, immigration advocates maintain that the existing legal framework in New Jersey allows students, regardless of their citizenship status, to qualify for in-state tuition at public colleges if they meet certain residency criteria. To qualify, students must have attended a New Jersey high school for three years, graduated from an in-state high school, and provide a formal affidavit expressing their intent to secure legal immigration status when possible.
Nevertheless, the Justice Department argues that these measures contravene federal laws, particularly one that prohibits states from granting postsecondary education benefits to undocumented individuals based solely on residency. Federal officials assert that such benefits are only permissible if extended equally to all U.S. citizens, irrespective of where they reside.
“Just think about being denied educational access in our country,” commented Deputy Attorney General Stanley Woodward. “By offering in-state tuition to undocumented immigrants, New Jersey is effectively doing that.”
This lawsuit adds to the mounting list of federal challenges against New Jersey’s policies, as the Department of Justice has recently undertaken various other legal actions against the state.
These actions include contesting a law that forbids federal immigration enforcement officers from covering their faces while on duty, along with a lawsuit aimed at an executive order from Governor Mikie Sherrill that specifically prevents federal immigration agents from accessing state property, which the federal government claims hinders law enforcement.
“This lawsuit marks the fourth initiated against New Jersey by the Trump administration in recent months and is yet another distraction. A judge has already dismissed a similar challenge, affirming that New Jersey law aligns with federal regulations. We look forward to addressing this issue in court and refocusing on our essential work of ensuring public safety,” stated a spokesperson.
