Justice Department Challenges Reduced College Tuition Rates for Undocumented Students in Three States
New York, Tuesday, 11 August 2026.
The U.S. Department of Justice has sued New York, Connecticut, and Vermont, arguing that state laws granting in-state college tuition discounts to undocumented residents unconstitutionally discriminate against out-of-state American citizens.
Federal Litigation Targets Tri-State Tuition Policies
On Monday, 10 August 2026, the U.S. Department of Justice (DOJ) filed federal lawsuits against New York, Connecticut, and Vermont, challenging state laws that grant in-state college tuition rates to undocumented immigrants [1][2]. The legal action, initiated primarily on 10 August 2026 following a filing against New York on 9 August 2026, argues that these policies violate federal immigration law and the Supremacy Clause of the U.S. Constitution [1][2]. Federal prosecutors contend that by offering reduced tuition and financial aid to unauthorized residents, these states are unconstitutionally discriminating against out-of-state U.S. citizens who do not qualify for the same benefits [2][3]. The complaints explicitly seek to enjoin enforcement of state laws that mandate colleges provide these rates to non-lawfully present residents [2]. This enforcement shift represents a significant escalation in federal oversight of state-level education funding models across the Northeast [1].
Administration Officials Cite Federal Supremacy
Leading the legal charge, Attorney General Todd Blanche stated that the Department has now filed a total of 17 lawsuits challenging in-state tuition for illegal aliens, building on previous victories in Texas, Kentucky, Oklahoma, and Nebraska [2][4]. Associate Attorney General Stanley Woodward emphasized the administration’s stance, noting that Congress has long prohibited states from placing illegal aliens over the nation’s own citizens [1][3]. Woodward declared, As of today, we have now sued every state in the Second Circuit that seeks to thwart Congress’s clear prohibition by placing alien over citizen [2]. Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division reinforced this position, stating that colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens [3][4]. These statements align with President Donald Trump’s 2025 executive orders, specifically Executive Order 14218 and Executive Order 14287, which mandate preventing states from offering in-state tuition to noncitizens while denying it to out-of-state Americans [1][2].
State Laws and Constitutional Mandates
The targeted states rely on distinct legal frameworks to support their tuition policies. New York’s provision of aid relies on the 2019 New York State DREAM Law and the state’s 1938 constitution, which mandates care for all needy inhabitants [1]. The state utilizes local tax revenue to bypass the 1996 Personal Responsibility and Work Opportunity Reconciliation Act, which prohibits federal spending on noncitizens [1]. In Vermont, Governor Phil Scott signed the in-state tuition law in May 2024 after it passed the House and Senate by wide majorities [4]. The Vermont law allows all residents, regardless of immigration status, to access in-state tuition rates and need-based financial aid when attending public colleges and universities [4]. While the DOJ argues these laws conflict with federal statutes, state defenders argue they are necessary to support local economies and populations [1][4].
Financial Disparities and National Implications
The lawsuits highlight significant financial disparities driving the federal argument. DOJ lawyers pointed to wide disparities between in-state and out-of-state tuition rates, noting that average tuition and fees at New York colleges are $8,316 for in-state and $18,613 for out-of-state students [3]. This represents a percentage difference of 123.822 where out-of-state students pay substantially more than in-state residents [3]. The DOJ has filed complaints against 17 states including Massachusetts, Rhode Island, New Jersey, California, and Illinois, with those cases still pending [3][4]. While Republican-controlled states like Texas, Oklahoma, and Nebraska have agreed to end policies allowing in-state tuition rates for undocumented residents, the outcome in the Second Circuit remains uncertain [3][4]. There was no immediate response from the attorneys general of the three states, whose offices will defend against the legal challenge [3].