The U.S. Department of Justice has initiated a lawsuit against Colorado regarding its policy of offering in-state tuition and financial aid to undocumented immigrants attending public universities. This move represents a significant legal challenge as critics argue that it unfairly discriminates against American citizens.
This lawsuit, filed on Thursday in federal court in Colorado, targets the Colorado Higher Education Commission, the state Department of Higher Education, and the department’s director, J.B. Holston.
Deputy Attorney General Stanley Woodward stated, “For 30 years, Colorado has made clear that we cannot give illegal aliens the education benefits we don’t give Americans.” He emphasized that by allowing undocumented immigrants to access in-state tuition rates, Colorado is reportedly violating federal law and providing financial support to these individuals at the expense of taxpayers.
Woodward added that their legal efforts will persist until the administration’s objectives—specifically, ensuring that undocumented immigrants do not receive preferential treatment over U.S. citizens—are met.
The lawsuit claims that the Advancing Students for a Stronger Economy Tomorrow Act (ASSET) and associated state policies infringe on federal regulations that prevent states from granting higher education benefits to undocumented individuals based on residency unless those same benefits are extended to all U.S. citizens.
In an effort to widen access to these benefits, Colorado amended its requirements, reducing the high school attendance needed from three years to one, and it eliminated the stipulation that students must enroll in college within a year after high school graduation. The state also removed the need for undocumented students to submit an affidavit asserting they will apply for legal status as soon as they are eligible.
Colorado is being accused of establishing an unconstitutional system that favors local undocumented immigrants by offering them lower tuition and state-funded scholarships while denying these benefits to out-of-state citizens. The Justice Department contends that such lower tuition rates could encourage illegal immigration and essentially reward individuals for breaking the law.
This lawsuit marks the 14th legal challenge from the Trump administration aimed at measures allowing in-state tuition for undocumented immigrants. The Department of Justice reaffirms its commitment to ensuring that taxpayer benefits are not granted to illegal aliens over American citizens.
As part of the suit, the court is being asked to declare several Colorado laws unconstitutional and to cover legal expenses.
