Trump DOJ sues Arizona, New Mexico, Oregon, Washington over in-state tuition for illegal immigrants

The four new cases bring the Trump administration’s total number of legal challenges against state tuition programs for illegal immigrants to 21, according to the Justice Department.

DOJ alleges the state programs violate federal law by allowing illegal immigrants to qualify for benefits based on state residency while denying those same benefits to American citizens residing elsewhere.

“Over 30 years ago, Congress made clear that States cannot put illegal aliens before our Nation’s own citizens,” Associate Attorney General Stanley Woodward said. “By granting illegal aliens in-state tuition, Washington, Oregon, New Mexico, and Arizona are pushing citizens to the side and ignoring federal law. No more.”

At the center of the cases is 8 U.S.C. § 1623, which prohibits an alien who is not lawfully present from receiving a postsecondary education benefit based on state residency unless the benefit is also available to American citizens regardless of where they live.

The lawsuits argue that the four states violated that restriction by offering illegal immigrants reduced resident tuition while charging out-of-state American students substantially higher rates. DOJ is also challenging state grants, scholarships, and subsidized loan programs made available to illegal immigrants.

“This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Assistant Attorney General Brett Shumate said. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”

The Arizona complaint cites data showing the potential financial impact of the state’s policy. According to DOJ, an Arizona Center for Investigative Reporting analysis estimated that more than 3,600 illegal immigrants annually could qualify for resident tuition in future years.

Data from Arizona’s public colleges and universities showed that at least 720 illegal immigrants received resident tuition during the fall 2025 semester, including 432 at Arizona State University. With an approximately $24,000 difference between resident and nonresident tuition at ASU, DOJ estimated that illegal immigrants received approximately $10.5 million in tuition reductions at that university alone during the previous year.

The Washington complaint challenges laws that classify qualifying illegal immigrants as resident students after they earn a high school diploma or equivalent, live in the state for at least one year and sign an affidavit promising to apply for permanent residency when eligible.

Washington also permits qualifying illegal immigrants to apply for the taxpayer-funded Washington College Grant and operates an “Undocumented Student Support Loan Program” for students unable to obtain federal aid because of their citizenship status.

At the University of Washington, resident tuition for the 2026-27 academic year is $13,406, compared with $44,460 for nonresident students, a difference of $31,054.

The Oregon complaint and New Mexico complaint similarly challenge state provisions providing resident tuition and financial assistance to illegal immigrants. In each case, the federal government is asking the court to declare the challenged laws unconstitutional under the Supremacy Clause and permanently block the states from enforcing them. DOJ is also seeking to prevent the states from adopting substantially similar replacement programs.

The department said it has already obtained favorable orders against comparable policies in Texas, Kentucky, Oklahoma, Nebraska and Illinois, including rulings permanently blocking or declaring unconstitutional laws providing reduced tuition to illegal immigrants.

DOJ has also filed challenges involving Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut and Vermont.

The lawsuits are part of a broader Trump administration effort to prevent states from using taxpayer money to provide illegal immigrants with educational benefits denied to American citizens.

“Our efforts will not cease until President Trump’s promise is fulfilled,” Woodward said. “Illegal aliens will not receive benefits denied to American citizens.”