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DOJ Sues 3 States Over College Tuition

DOJ Sues 3 States Over College Tuition

The DOJ sues New York, Connecticut and Vermont over in-state college tuition policies for illegal immigrants and other benefits.

The DOJ sues New York, Connecticut and Vermont over in-state college tuition policies, escalating a fight over whether states can extend lower college rates and related financial aid to illegal immigrants.

The lawsuits, filed against the three blue states, say the laws unlawfully favor non-citizens over American citizens who do not receive the same reduced fees, scholarships or other financial benefits. Associate Attorney General Stanley Woodward said Congress already made clear that states cannot place illegal aliens ahead of citizens. He said New York, Vermont and Connecticut are doing exactly that by granting in-state tuition to illegal aliens, and he declared, “No more.”

Woodward also said the department has now sued every state in the Second Circuit that it says is trying to get around what he called Congress’s clear prohibition. He tied the effort to President Trump’s promise that illegal aliens would not receive benefits denied to the nation’s own citizens. The Justice Department has already brought similar cases against at least 14 states, including New Jersey, Minnesota and California.

The latest round of litigation fits into a broader national push by the Trump administration to challenge state policies that extend tuition breaks or other benefits to people who are not legal residents. The issue has drawn attention because in-state tuition can make college much more affordable, especially at public universities where the gap between resident and nonresident rates is often substantial. For states, the laws are typically presented as a way to keep more students enrolled and connected to local schools. For critics, they amount to a subsidy that leaves citizens at a disadvantage.

The legal backdrop also matters. In July, the Fifth US Circuit Court of Appeals upheld a lower-court ruling blocking Texas from paying tuition for illegal immigrants at public universities. That decision gave the administration a fresh example of a court siding with the view that states may not use their own policies to undercut federal restrictions. The new lawsuits suggest the Justice Department is pressing that argument in other regions as well, especially in the Second Circuit, which covers New York, Connecticut and Vermont.

New York, Connecticut and Vermont now join a growing list of states drawn into the dispute as the administration pushes the issue through the courts. The cases could help shape how far states may go in setting college pricing and aid rules for non-citizens while federal officials argue that citizens should come first. Americans watching the fight will be looking for whether the courts keep backing Washington’s challenge or allow states to preserve their tuition policies.

For students, families and taxpayers, the outcome could influence who gets access to lower public-college rates and how far states can go in extending benefits beyond legal residents. The bottom line is simple: this case will help decide whether states can keep offering tuition breaks to illegal immigrants while the federal government says citizens must be treated first.

Frequently asked questions

What did the Justice Department file against the three states?
It filed lawsuits challenging laws in New York, Connecticut and Vermont that allow illegal immigrants to receive in-state tuition and related financial benefits.
What is the DOJ’s main argument?
The department says the state laws unlawfully discriminate against American citizens by giving non-citizens reduced fees, scholarships, and other benefits.
How broad is this legal push?
The department says it has already sued at least 14 states with similar laws, including New Jersey, Minnesota and California.
What court decision is being cited in the broader fight?
In July, the Fifth US Circuit Court of Appeals upheld a ruling blocking Texas from paying tuition for illegal immigrants at public universities.
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