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US Justice Department challenges 4 more states over in-state tuition for immigrants

The department says the laws give undocumented students lower tuition while denying comparable benefits to U.S. citizens from other states.

  • On Thursday, the Justice Department sued Arizona, New Mexico, Oregon, and Washington, arguing state tuition and financial-aid policies unlawfully benefit undocumented students while denying comparable treatment to U.S. citizens who reside elsewhere.
  • Federal prosecutors allege these state laws "create incentives for illegal immigration" and "unconstitutionally discriminate against U.S. citizens." The department seeks to enforce federal regulations requiring identical tuition rates regardless of legal status.
  • Arizona Attorney General Kris Mayes contends Proposition 308, approved by voters in 2022, complies with federal law because eligibility hinges on educational attainment—specifically two years of high school—rather than residency.
  • The Justice Department has now sued 21 states over similar tuition policies, with courts already striking down such laws in five states and legal challenges pending in over a dozen other jurisdictions.
  • Critics, including Mayes and Republican activist Tyler Montague, characterize the litigation as a "political vendetta" against students. They argue these policies support "Dreamers" who represent a significant opportunity for the nation's economy.
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The DOJ seeks to challenge laws that, in four states, allow students without immigration status to go to university at a reduced price

·Los Angeles, United States
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Courthouse News Service broke the news in Pasadena, United States on Thursday, August 27, 2026.
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