Not all of the states named as defendants have indicated how they will respond; however, both Arkansas and Utah have signaled that they may be willing to cooperate with the administration.
The U.S. Department of Justice has sued three more states for offering subsidized college tuition to immigrants—including those without legal status—who meet certain residency requirements.
In a press release, the Justice Department said that it is currently pursuing a fresh round of claims against Hawaii, Arkansas, and Utah; the District of Columbia is also named as defendant in a nearly-identical lawsuit.
Similar to its other challenges filed against states across the country, the Trump administration claims that any tuition incentive or benefit offered to undocumented immigrants must also be extended to U.S. citizens.
“No more placing illegal aliens over American citizens on this Department of Justice’s watch,” Associate U.S. Attorney General Stanley E. Woodward, Jr., said in a statement. “We have now sued every state across our Nation that has a law or regulation granting illegal aliens in-state tuition. We look forward to favorable court rulings and will continue to deliver on President Trump’s promise: illegal aliens will not receive benefits denied to American citizens.”
“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. A Shumate of the Justice Department’s Civil Division said. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”
Not all of the states named in the claims have indicated how they will respond; however, both Arkansas and Utah have signaled that they may be willing to cooperate with the administration.
In Utah, for instance, lawmakers continue to debate legislation that, if passed, could end the state’s offer of in-state tuition for undocumented immigrants who graduated from public high schools within the state.
“The Legislature has a responsibility to protect Utah taxpayers and make sure state resources are being used as intended,” Utah House Speaker Mike Schultz said in a Friday statement to the Utah News Dispatch. “I look forward to addressing this issue and making the necessary changes during the 2027 General Session.”
Jeff LeMaster, a spokesperson for the Arkansas attorney general’s office, said that his agency will review the Justice Department’s lawsuit before deciding how best to proceed.
But, LeMaster, at first glance, the government’s claim appears sensible.
“We agree with the U.S. Department of Justice that federal law preempts state law in this case, and the state law should not be enforced,” LeMaster said.
Despite Schultz and LeMaster’s positions, ArkansasOnline.com notes that the Trump administration hasn’t been met with uniform legal success in challenging state-level tuition laws. Earlier this year, U.S. District Judge Katherine Menendez dismissed a similar lawsuit against the state of Illinois, finding that the federal government failed to prove that offering in-state rates to undocumented immigrants automatically discriminates against American citizens.
Sources
DOJ files lawsuit against Utah over state law providing in-state tuition for undocumented students
DOJ sues Utah in wider push against in-state tuition for unauthorized immigrants
Trump administration sues Arkansas over law giving some immigrants in-state college tuition
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