The A. Ray Olpin Student Union building on the University of Utah campus in Salt Lake City is pictured on Saturday, Aug. 23, 2025. Utah is one of the states the Trump administration is suing for offering in-state tuition regardless of immigration status. (Photo by Spenser Heaps for Utah News Dispatch)
WASHINGTON — Immigration advocates expressed concern over the Trump administration’s legal battles targeting state laws that offer in-state college tuition to some immigrants. The Department of Justice (DOJ) has filed lawsuits against 24 states, the District of Columbia, and the University of Delaware, challenging policies that provide in-state tuition to noncitizen students meeting specific criteria. This is part of a broader strategy to limit benefits for immigrants.
During a virtual press conference, leaders from the Mexican American Legal Defense and Educational Fund, Presidents’ Alliance on Higher Education and Immigration, and TheDream.US defended these laws, highlighting the barriers noncitizen students face without access to affordable education. A joint report was released, detailing the laws and the DOJ’s challenges.
Miriam Feldblum of the Presidents’ Alliance emphasized the repercussions of removing in-state tuition benefits, stating it limits opportunities for students and harms community well-being. Gaby Pacheco of TheDream.US described the administration’s efforts as “coordinated assaults on tuition equity,” threatening educational opportunities for Dreamers and immigrants.
Six State Laws Blocked
Courts have invalidated in-state tuition laws in Illinois, Kansas, Kentucky, Nebraska, Oklahoma, and Texas. However, a federal judge recently upheld Virginia’s policy, a setback for the administration. Legal challenges persist in other states, including Arizona, California, and New York.
Debate Over 1996 Law
The DOJ’s challenges are based on the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which prohibits states from offering in-state tuition to undocumented individuals if not also available to out-of-state U.S. citizens. Assistant Attorney General Brett Shumate stated that colleges must not give benefits to undocumented students that are not available to U.S. citizens.
Thomas A. Saenz of MALDEF criticized the DOJ’s aggressive tactics to prevent defense of tuition-equity laws, noting that these state policies were enacted after the 1996 law. He remarked that no previous administration had contested these laws using the 1996 statute.
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