The Department of Justice Files Complaints Against Arizona, New Mexico, Oregon, and Washington Challenging State Laws that Provide In-State Tuition to Illegal Aliens
New lawsuits bring total to 21 in-state tuition laws challenged for preferential treatment of illegal aliens
Thursday, August 27, 2026 - Today, the Department of Justice filed lawsuits against four states that seek to undermine federal law by placing aliens over citizens in clear defiance of Congress’s commands. The Department filed complaints against Arizona, New Mexico, Oregon, and Washington, 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.
“Over 30 years ago, Congress made clear that States cannot put illegal aliens before our Nation’s own citizens,” said Associate Attorney General Stanley E. Woodward, Jr. “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. As of today, we have now sued 21 states who we allege were thwarting Congress’s clear prohibition on placing aliens over citizens. Our efforts will not cease until President Trump’s promise is fulfilled: illegal aliens will not receive benefits denied to American 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 Arizona, New Mexico, Oregon, and Washington laws and regulations 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 complaint seeks to enjoin Arizona, New Mexico, Oregon, and Washington from enforcing their state laws and regulations that afford financial assistance and scholarships to illegal aliens.
The Arizona complaint, in particular, cites a report from Arizona Center for Investigative Reporting, which estimated that more than 3,600 illegal aliens per year could qualify for in-state tuition under Arizona’s law in the years to come. The same report includes data from Arizona public universities and colleges showing that in the Fall 2025 semester, at least 720 illegal aliens had received in-state tuition, including 432 at Arizona State University. Given the roughly $24,000 difference in resident versus out of state tuition rates at Arizona State, our complaint alleges that just last year, illegal aliens received roughly $10.5 million in reduced tuition at ASU alone.
Today’s four lawsuits bring the Department’s total to 21 lawsuits that challenge in-state tuition for illegal aliens. Under the leadership of Acting 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, Colorado, New York, Connecticut, and Vermont.
U.S. Department of Justice
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Source: Justice.gov
