DOJ Targets States That Charge In-State Tuition Illegal Aliens

DOJ Targets States That Charge In-State Tuition Illegal Aliens

The U.S. Department of Justice (DOJ) has aggressive legal action underway targeting state higher education systems over policies that grant in-state tuition for illegal aliens.

The DOJ argues that offering reduced tuition rates to non-citizens—while requiring out-of-state U.S. citizens to pay significantly higher fees—violates federal immigration law and unconstitutionally discriminates against American citizens.

At the center of the lawsuits is Section 1623 of the federal Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Under federal statutory law, individuals who are not lawfully present in the U.S. are ineligible for postsecondary education benefits based on state residence, unless all U.S. citizens are granted the exact same benefit regardless of where they reside.

The DOJ contends that workarounds used by states—such as tying in-state tuition eligibility to local high school attendance or graduation rather than explicit legal residency—circumvent federal law. As a result, out-of-state American citizens are charged double or triple the tuition rates offered to undocumented students attending the same institutions.

The federal campaign has escalated rapidly, with the DOJ filing lawsuits against at least 20 states across the country:

The DOJ has already secured favorable court orders, settlements, or consent decrees halting or restricting in-state tuition policies in Texas, Kentucky, Oklahoma, Nebraska, and Illinois. In Texas, the state quickly settled to block its long-standing statewide policy. In addition to these states, suits have been filed against California, Virginia, New Jersey, Minnesota, Kansas, Massachusetts, Maryland, Colorado, Connecticut and Vermont. The suits are still pending with several contesting the charges and awaiting legal rulings from the courts.

This policy is an outgrowth of the DREAM Act enacted under President Obama and has given preferential financial treatment to illegal aliens above American citizens.

The Trump Administration has taken an aggressive stance on reforming education since taking office last year and has undone decades of educational policy that they felt were either harmful to students or unnecessary.

Depending on how much the affected states fight back, this issue may wind up in the Supreme Court for a final rendering.

This article was written with the assistance of Google Gemini.