DOJ Files Lawsuits Against Massachusetts, Rhode Island Laws on In-State Tuition for Illegal Immigrants

The Department of Justice filed federal complaints Monday against Massachusetts and Rhode Island, alleging the states have unconstitutionally provided in-state tuition rates and financial aid to illegal immigrants while withholding the same benefits to U.S. citizens from out of state.

The lawsuits come amid a series of actions brought by the Trump administration focusing on state policies that it argues reward illegal immigration at a cost to American citizens. The department has filed a total of 12 lawsuits, with some prior cases concluding in victory for the Trump administration. 

“The Department of Justice is committed to fulfilling President [Donald] Trump’s promise that illegal aliens will not receive taxpayer benefits or preferential treatment over America’s own citizens,” Associate Attorney General Stanley Woodward said in a statement. “As our Nation marks 250 years of freedom, we will continue to challenge state laws that place aliens over citizens in clear defiance of Congress’s commands.”

Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division said the situation was clear-cut. 

“This is a simple matter of federal law: Colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Shumate said. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”

The complaints seek to bar enforcement of certain state laws, which require public colleges and universities to provide in-state tuition to those who meet residency requirements, regardless of lawful residence in the country. They also take aim at provisions giving financial assistance and scholarships to those individuals.

Federal law, such as the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, forbids states from providing postsecondary education to assist illegal immigrants based on their residency if U.S. citizens from out of state are not afforded the same rates, according to the DOJ. The department contends the state policies violate the Supremacy Clause of the Constitution.

This represents the third set of lawsuits in the past week within the broader initiative. Previous actions have led to permanent injunctions against similar laws in Texas, Kentucky, Oklahoma, and Nebraska. Cases are still pending in states like Illinois, Minnesota, Virginia, and California.

In Virginia, the DOJ objected to a law providing in-state tuition to students who attended high school in the state for at least two years or whose parents paid taxes for two years, regardless of immigration status. The department has alleged that such policies discriminate against out-of-state U.S. citizens who pay higher rates.

California faced a similar suit aimed at its “California Dream Act,” which offers scholarships and subsidized loans to illegal immigrants. The state’s public university system has provided and promoted support services for such students and their families.

Nebraska agreed to a consent decree with the DOJ in April, agreeing to sunset its two-decade-old policy of providing in-state tuition and scholarships to illegal immigrants. Gov. Jim Pillen called the laws “outdated” and “deeply misguided.”