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DOJ Sues Colorado over in-State Tuition for Undocumented Students

The lawsuit says Colorado’s residency-based aid gives undocumented students benefits that federal law bars unless U.S. citizens get the same terms.

  • On Thursday, the Department of Justice sued Colorado, challenging the 2013 Advancing Students for a Stronger Tomorrow Act that allows undocumented students to access in-state tuition and financial aid.
  • This lawsuit follows two 2025 executive orders from President Donald Trump directing federal agencies to challenge state policies favoring undocumented immigrants, mirroring recent DOJ victories in Texas, Kentucky, and Oklahoma.
  • The Presidents' Alliance on Higher Education and Immigration estimates Colorado has about 6,700 undocumented students in higher education. The DOJ contends federal law prohibits offering benefits to those "not lawfully present" based on residency.
  • Democratic Sen. John Hickenlooper condemned the lawsuit, stating, "Instead of actually working to fix our broken immigration system, the Trump administration is trying to reignite yesterday's culture wars," noting he signed the bill as governor.
  • While the DOJ has successfully challenged similar laws elsewhere, a federal judge in Minnesota dismissed a comparable lawsuit in March after finding no discrimination against U.S. citizens, leaving the ASSET Act's legal outcome uncertain.
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The Department of Justice (DOJ) filed a lawsuit against the Colorado authorities for benefiting illegal immigrants with resident fees and financial aid to the detriment of U.S. citizens, which is "a challenge" to what was established by Congress. In a statement, the DOJ reported that Colorado "unconstitutionally discriminates" against Americans, "who are not granted the same reduced tuition fees or scholarships."

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KMGH broke the news on Thursday, July 23, 2026.
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