The U.S. Department of Justice has filed a federal lawsuit against Colorado, challenging the state's policy of offering in-state tuition rates and financial aid to undocumented immigrants attending public colleges and universities. The suit, filed Thursday in Colorado federal court, names the Colorado Commission on Higher Education, the state Department of Higher Education, and its director, JB Holston, as defendants.
Associate Attorney General Stanley Woodward stated that for three decades, federal law has prohibited states from providing education benefits to undocumented immigrants that are not available to all U.S. citizens. "By granting illegal aliens in-state tuition, Colorado is not only violating federal law but subsidizing education for illegal aliens at taxpayers’ expense," Woodward said.
The lawsuit asserts that Colorado's Advancing Students for a Stronger Economy Tomorrow (ASSET) Act and related policies contravene a federal statute that forbids states from offering higher education benefits based on residency to undocumented immigrants, unless those same benefits are accessible to all U.S. citizens.
According to the federal complaint, Colorado has reduced the high school attendance requirement for these benefits from three years to one year and removed a condition that students must be admitted to college within 12 months of graduating high school. The state also repealed a requirement for undocumented students to submit an affidavit stating they had applied for lawful presence or intended to do so as soon as eligible.
The Justice Department contends that by offering lower tuition rates and state-funded scholarships to undocumented residents while denying them to out-of-state citizens, Colorado is creating an unconstitutional preference that is preempted by federal law. The department also argues that lower tuition incentivizes illegal immigration and rewards individuals for violating federal law.
This lawsuit marks the fourteenth legal action initiated by the Trump administration to challenge in-state tuition policies for undocumented immigrants. The Justice Department's stated commitment is to prevent undocumented immigrants from receiving taxpayer benefits or preferential treatment over U.S. citizens.
The complaint seeks a declaration that several Colorado state laws related to these benefits are unconstitutional and requests court fees.
