The U.S. Department of Justice filed lawsuits on Monday against New York, Connecticut, and Vermont, challenging state laws that allow undocumented immigrants to receive in-state tuition and state-funded financial aid at public colleges and universities.
The federal complaints argue that these state policies violate federal law by granting financial benefits to non-citizens that are not made available to all U.S. citizens residing out of state.
Federal prosecutors are asking the courts to block the enforcement of state regulations, laws, and policies that grant reduced tuition rates and scholarships to students without legal immigration status.
“Congress long ago made clear that States cannot put illegal aliens over our Nation’s own citizens,” Associate Attorney General Stanley Woodward said in a statement. “By granting illegal aliens in-state tuition, New York, Vermont, and Connecticut are doing just that.”
The lawsuits mark 17 legal challenges brought by the Justice Department against state-level in-state tuition policies for undocumented students. According to the department, federal courts in Texas, Kentucky, Oklahoma, Nebraska, and Illinois have previously issued orders striking down similar state laws, including a ruling from the Fifth Circuit Court of Appeals.
“This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” said Assistant Attorney General Brett A. Shumate of the Civil Division.
The complaints filed Monday complete the Justice Department’s legal challenges against every state within the Second Circuit jurisdiction. Similar federal suits remain pending in nine other states, including California, Minnesota, Virginia, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, and Colorado.
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