The Justice Department on Monday sued New York, Connecticut, and Vermont, alleging that the states unlawfully provide in-state tuition rates and other financial benefits to illegal immigrants.
The lawsuits seek to block enforcement of state laws, regulations, and policies that allow immigrants who are not lawfully present in the United States to receive in-state tuition rates at public colleges and universities based on their state residency. The complaints also challenge policies providing financial aid and scholarships to illegal immigrants.
“Congress long ago made clear that States cannot put illegal aliens over our Nation’s own citizens,” Associate Attorney General Stanley Woodward said. “By granting illegal aliens in-state tuition, New York, Vermont, and Connecticut are doing just that … our efforts will not cease until President Trump’s promise is fulfilled: illegal aliens will not receive benefits denied to our Nation’s own citizens.”
The DOJ argued that the states’ policies violate federal law, which bars states from making illegal immigrants eligible for postsecondary education benefits based on residency unless U.S. citizens or nationals are eligible for the same benefits regardless of whether they are state residents.
“This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Assistant Attorney General Brett Shumate said.
The department argued that several Connecticut laws conflict with the federal statute and thus are unconstitutional under the Constitution’s supremacy clause. The DOJ similarly challenges Vermont laws that prohibit the University of Vermont from discriminating against students based on immigration status when determining eligibility for in-state tuition and allow residents to receive state-funded financial aid regardless of their immigration status under federal law.
“This Department of Justice will not tolerate American students being treated like second-class citizens in their own country,” Shumate said.
With Monday’s filings, the DOJ has now sued 17 states challenging policies that provide in-state tuition or other educational benefits to illegal immigrants.
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The department said five similar lawsuits in Texas, Kentucky, Oklahoma, Nebraska, and Illinois have already resulted in favorable rulings, including an appeals court decision, permanently blocking or declaring unconstitutional state laws that provided reduced tuition rates to illegal immigrants.
The DOJ has additional lawsuits pending against Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, and Colorado.