The Justice Department under the Trump administration announced on Monday its intention to file lawsuits against New York, Connecticut, and Vermont. The government argues that these states are offering illegal immigrants in-state tuition and other financial benefits, which it claims is unconstitutional. “These statutes unfairly favor illegal immigrants over U.S. citizens who can’t access the same reduced tuition and scholarships. They also potentially encourage illegal immigration and provide undeserved benefits,” the department stated.
The complaint aims to prevent these states from enforcing laws that deliver financial support to illegal immigrants—essentially those who maintain state residency, regardless of their legal status.
Assistant Attorney General Brett A. Shumate commented on the situation, stating, “This is a clear violation of federal law—universities cannot grant benefits to illegal aliens while excluding U.S. citizens. The Department of Justice will act against any measures that treat American students as second-class citizens.” In correspondence with Fox News Digital, the department expressed confidence in its legal strategy, highlighting past successes in similar cases across five other states.
Connecticut Attorney General William Tong, however, condemned the lawsuit, asserting, “This is an affront to Connecticut’s sovereignty. The federal government cannot dictate how we manage our educational systems.” He emphasized the importance of providing tuition and aid to all children so they can achieve their ambitions.
The Justice Department has been active in challenging such laws, having already filed lawsuits in 17 states, including California and New Jersey, concerning their in-state tuition policies for undocumented immigrants.
In a related decision last month, a federal judge ruled that Illinois’ policies regarding in-state tuition for illegal immigrants were unconstitutional. This case had initially been brought forth by the department in September 2025.
