The U.S. Department of Justice has filed lawsuits against four states — Arizona, New Mexico, Oregon, and Washington — over their laws allowing certain undocumented students to pay in-state tuition rates and receive state financial aid.
Under the Trump administration, the agency has pursued a widespread legal campaign against these policies, arguing that they illegally provide benefits to these students that are not offered to all U.S. citizens.
Background on the Lawsuits
In total, the Justice Department has now sued 21 states over similar tuition policies and succeeded in knocking down five, with the remaining cases ongoing.
The contested policies commonly deem such students eligible for resident tuition rates if they have lived in the state for part of high school and graduated locally, among other requirements.
Some states also grant them state-funded scholarships and financial aid.
Related: Texas governor seeks 3-year degree pathways
State Policies and Reactions
Arizona‘s policy, adopted in 2022 via a state ballot measure, is one of the newest in the country, and allows all students, regardless of citizenship status, to qualify for in-state tuition and state financial aid if they attended high school in the state for at least two years and graduated or obtained an equivalency diploma.
Arizona Attorney General Kris Mayes said the lawsuit is fundamentally “about state’s rights” and that she would fight the Trump administration’s allegations.
Oregon Gov. Tina Kotek and Washington Gov. Bob Ferguson both said they would defend their respective states’ tuition laws, with Ferguson stating that “Washington state won’t be bullied into changing how we provide opportunities for young people in our state.”
The University of Oregon, for example, lists in-state tuition and fees at $17,475 for the 2026-27 academic year.
Reactions from Educational Access Groups
The DOJ’s latest lawsuits have spurred outrage from educational access groups and student advocates.
Related: Utah University Closing Sandy Campus
Thomas Saenz, president and general counsel of the Mexican American Legal Defense and Educational Fund, said the cases demonstrate “the Trump administration’s misuse of the court system to continue a concerted campaign of hostility toward all immigrants.”
Miriam Feldblum, president and CEO of the Presidents’ Alliance on Higher Education and Immigration, called the agency’s tuition lawsuits “misguided” and said that a loss of these policies would deprive states of a more educated workforce.
As the legal battles continue, the outcome of these lawsuits will have significant implications for the education and future of these students. It is worth considering how these policies compare with earlier state laws that supported such students and what impact those laws had.
Florida lawmakers revoked their state’s in-state tuition policy for immigrant students last year, before the Justice Department’s legal campaign.
For more information on the laws and policies surrounding these students, visit the U.S. Department of Education website.
