Investigation Requested for Colorado’s In-State Tuition Law
In Washington, a civil rights organization has called for an investigation into a Colorado law that permits illegal immigrants to access in-state tuition, suggesting it may discriminate against American-born students.
The Equal Protection Project is asking for the Justice Department’s Civil Rights Division to look into the Advancing Students for a Stronger Tomorrow (ASSET) tuition program. They argue that it offers benefits to undocumented immigrants that are not available to out-of-state American citizens.
Current federal regulations prohibit higher education institutions from offering benefits to illegal immigrants that are not also extended to American citizens.
William Jacobson, the founder of the Equal Protection Project, noted that their research uncovered several educational institutions across various states that provide scholarships exclusive to DACA and undocumented students, effectively discriminating against American-born individuals.
Jacobson criticized these in-state tuition programs, stating, “They simply prioritize people in the U.S. illegally over American citizens, which is a serious concern.”
Under the ASSET program, undocumented students can qualify for in-state tuition and financial aid if they have attended a Colorado high school for at least a year and have lived in Colorado for a minimum of 12 consecutive months before applying for higher education.
In-state tuition can be significantly lower. For instance, Colorado State University’s tuition for residents is $6,762.13, while non-residents pay around $18,277.41 for the same number of credits.
The Equal Protection Project initially discovered the ASSET program while examining scholarships that seemed exclusive to non-white students at Metropolitan State University in Colorado, some of which were specifically for ASSET participants.
In their complaint, the Equal Protection Project stated, “Colorado’s ASSET law crosses a line by offering in-state tuition and taxpayer-funded education benefits based on relaxed residency criteria, while similarly qualified out-of-state U.S. citizens cannot access these benefits.”
Jacobson pointed out that the Justice Department has previously filed lawsuits against similar laws in California and Virginia, arguing that Colorado’s requirements for admitting illegal immigrants might be even less stringent.
For example, Virginia’s guidelines typically require two years of in-state high school attendance and California demands three years, along with high school graduation.
Jacobson noted, “In our opinion, this law is as problematic as or worse than those in California or Virginia.” He expressed hope that the Department of Justice would take an interest in this matter once they submit their investigative request.
The Equal Protection Project has compiled a list of 19 state laws that offer some sort of tuition benefits to undocumented immigrants, including laws in Colorado, California, and Virginia.
“We’re going to review each state individually and pursue an investigation if we think it’s justified,” Jacobson stated, emphasizing that they will not take a one-size-fits-all approach, as the situations differ among states.
The organization has reached out to Colorado Governor Jared Polis’s office for comments regarding the complaint.
Jacobson clarified that while they do not contest the right of “domestic students to attend schools,” their focus is solely on the benefits that illegal immigrants receive, which may not be available to some American citizens.
