“Imagine being denied the opportunity of education in your own country,” Associate Attorney General Stanley Woodward said. “By granting illegal aliens in-state tuition, the state of New Jersey is doing just that.”
The federal Department of Justice has filed a lawsuit seeking to overturn a New Jersey law that helps undocumented immigrants attend in-state public universities.
According to POLITICO, the Justice Department filed the lawsuit on Thursday. It targets two statutes: one signed into law by former New Jersey Gov. Chris Christie, and another by former Gov. Phil Murphy.
The Justice Department has filed similar claims against other states, including Texas, Kentucky, and Oklahoma. Conservative officials in Nebraska recently agreed to settle a related lawsuit, promising to overturn policies that provide resident tuition rates to undocumented immigrants who meet certain criteria.
POLITICO notes that the law signed by Christie, who is himself a Republican, allows some undocumented immigrants to receive in-state tuition at public colleges and universities. The law approved by Murphy expanded financial aid options for students without legal status.
In court filings, the Trump administration has argued that these benefits are illegal because they provide an advantage to undocumented immigrants that is not extended to U.S. citizens and permanent residents.
“This is a simple matter of federal law: in New Jersey and nationwide, colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division said in a statement. “The Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”
The Trump administration argues that colleges should only grant in-state tuition to undocumented immigrants if they’re willing to give the same rates to citizens from other states.
“Imagine being denied the opportunity of education in your own country,” Associate Attorney General Stanley Woodward said. “By granting illegal aliens in-state tuition, the state of New Jersey is doing just that.”
New Jersey officials have since characterized the lawsuit as the Trump administration’s latest “distraction” from more pressing issues.
“This lawsuit, the fourth the Trump Administration has filed against New Jersey in recent months, is yet another distraction,” said Michael Symons, a spokesperson for the state Attorney General’s Office. “New Jersey law is consistent with federal law, as another judge already held in rejecting a similar challenge. We look forward to responding in court, and to returning the focus to ensuring public safety and all the other critical work of our office.”
To qualify for in-state tuition, undocumented immigrants in New Jersey must meet certain requirements. These include attending an in-state high school for at least three years. Immigrants must also hold a high school diploma and have to file an affidavit promising to seek legal status as soon as possible.
Sources
DOJ sues New Jersey over pro-immigrant college tuition laws
Undocumented NJ college students in crosshairs of new Trump lawsuit
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