The Justice Department has filed lawsuits against Oregon, Washington, New Mexico, and Arizona, challenging state laws that grant undocumented immigrants access to in-state tuition rates, state grants, and student loans. The department contends that these provisions violate federal law by making undocumented immigrants eligible for higher education benefits not universally available to all U.S. students.
Assistant Attorney General Brett A. Shumate stated that the department will not permit American students to be disadvantaged in their own country. The lawsuits aim to ensure that undocumented immigrants do not receive benefits denied to U.S. citizens, according to Associate Attorney General Stanley E. Woodward, Jr.
The disparity between in-state and out-of-state tuition can be substantial. For instance, at the University of Washington, the difference for the 2026-2027 school year was projected to be $31,054. The Justice Department alleges that Arizona State University provided in-state tuition benefits to 432 undocumented immigrants in Fall 2025, resulting in approximately $10.5 million in reduced tuition costs.
The legal challenges also encompass scholarships. In Oregon, the Justice Department claims that undocumented immigrants are eligible for the Rural Nurse Scholars Scholarship, which covers full tuition and a travel stipend, under state law.
These recent lawsuits add to a broader legal campaign, bringing the total number of states facing challenges over such benefits to 21. The Justice Department has previously secured favorable rulings in cases involving Texas, Kentucky, Oklahoma, Nebraska, and Illinois.
According to a June 2024 report cited by Fox News, an estimated 408,000 undocumented immigrants were enrolled in higher education, with a significant portion having arrived in the U.S. at age 17 or older. Lawsuits are currently pending against additional states including Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut, and Vermont.
A spokesperson for the Arizona Board of Regents, a party named in the lawsuit, indicated that the university system adheres to state law and is reviewing the litigation to determine the next steps in cooperation with state leaders.