Trump Administration Challenges State Tuition Laws for Undocumented Students
The legal landscape around in-state tuition for undocumented students is facing a major shift. The Trump administration has initiated legal actions against all states enforcing laws that provide this benefit, including Arizona’s Proposition 308, a voter-approved measure from 2022. This law allows students graduating from Arizona high schools to qualify for in-state tuition, regardless of their immigration status.
In late August, the Department of Justice filed a lawsuit challenging this Arizona law. Similar actions have been taken this month against laws in Hawaii, D.C., Arkansas, and Utah, bringing the total number of lawsuits to 25.
Susan Collins, who serves as the chief of staff and government affairs at TheDream.US, an organization dedicated to supporting undocumented students through scholarships, shared her concerns. Despite the Trump administration’s policies leading to increased ICE arrests and delays in DACA renewals, Collins noted the determination of students to pursue higher education. “There’s no doubt that people are still seeing going to college and getting their degrees as something that adds to the stability of their futures,” she remarked.
However, Collins expressed concern over the potential long-term effects of these lawsuits on students. In states like Texas and Florida, similar legal actions have led to the repeal of in-state tuition laws, limiting students’ access to affordable education.
Despite these challenges, most state laws remain effective, allowing students in Arizona and other states to continue benefiting from in-state tuition while legal proceedings continue. Collins emphasized the need for a comprehensive federal solution, stating, “It’s like just another proof point of why we urgently need, instead of this patchwork across states, and these battles in courts … we ultimately need a federal solution from Congress.”
Arizona’s Attorney General, Kris Mayes, has committed to defending the state’s tuition law, joining several other states in ongoing legal battles in federal courts.
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