The Department of Justice has filed lawsuits against New York, Connecticut, and Vermont, challenging state laws that provide in-state college tuition rates and financial aid to individuals who are not legal U.S. residents. The department argues that these laws unconstitutionally discriminate against American citizens by offering preferential treatment to undocumented immigrants.
Associate Attorney General Stanley Woodward stated that "Congress long ago made clear that States cannot put illegal aliens over our nation’s own citizens." He added, "By granting illegal aliens in-state tuition, New York, Vermont, and Connecticut are doing just that. No more." Woodward indicated that the department's efforts would continue until "illegal aliens will not receive benefits denied to our Nation’s own citizens."
The Justice Department has previously sued at least 14 other states with similar laws, including New Jersey, Minnesota, and California. This action targets states within the Second Circuit. In July, the Fifth U.S. Circuit Court of Appeals upheld a federal judge's ruling that prevented Texas from paying for undocumented immigrants' tuition at public universities.
The lawsuits allege that by providing these benefits, the states are prioritizing non-citizens over their own citizens, which the DOJ views as a violation of federal law and constitutional principles.