The Department of Justice Files Complaints Against New York, Connecticut, and Vermont Challenging State Laws that Provide In-State Tuition to Illegal Aliens
Monday, August 10, 2026 - Today, the Department of Justice filed lawsuits against three states that seek to undermine our Nation by placing aliens over citizens in clear defiance of Congress’s commands. The Department filed complaints against New York, Connecticut, and Vermont, challenging state laws that provide in-state tuition and financial assistance for illegal aliens. These laws unconstitutionally discriminate against U.S. citizens who are not afforded the same reduced tuition rates or scholarships, create incentives for illegal immigration, and reward illegal aliens with benefits that U.S. citizens are not eligible for, all in direct conflict with federal law.
“Congress long ago made clear that States cannot put illegal aliens over our Nation’s own citizens,” said Associate Attorney General Stanley Woodward. “By granting illegal aliens in-state tuition, New York, Vermont, and Connecticut are doing just that. No more. As of today, we have now sued every state in the Second Circuit that seeks to thwart Congress’s clear prohibition by placing alien over citizen. And our efforts will not cease until President Trump’s promise is fulfilled: illegal aliens will not receive benefits denied to our Nation’s own citizens.”
“This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”
In the complaints, the United States seeks to enjoin enforcement of New York, Connecticut, and Vermont laws, regulations, and policies that require colleges and universities to provide in-state tuition rates for all aliens who maintain in-state residency, regardless of whether those aliens are lawfully present in the United States. Additionally, the complaints seek to enjoin New York, Connecticut, and Vermont from enforcing state laws, regulations, and policies that afford financial assistance and scholarships to illegal aliens.
Today’s lawsuits mark 17 lawsuits challenging in-state tuition for illegal aliens. Under the leadership of Attorney General Todd Blanche, the Department’s efforts have already delivered wins for the American people, as five similar lawsuits in Texas, Kentucky, Oklahoma, and Nebraska, and Illinois have resulted favorable orders permanently enjoining and declaring unconstitutional analogous laws that gave reduced tuition to illegal aliens, including an order from the Fifth Circuit. Lawsuits against other states that similarly put illegal aliens ahead of U.S. citizens are pending across the across the country in Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, and Colorado.
U.S. Department of Justice
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Source: Justice.gov
