DOJ Sues 25 States Over In-State Tuition for Undocumented
Every state in the US that offers in-state tuition to undocumented immigrants is now facing a federal lawsuit. In September 2026, the Department of Justice filed its final four complaints — against Hawaii, the District of Columbia, Arkansas, and Utah — bringing the total to 25. For undocumented students and their families, the question is no longer whether this fight is coming to their state, but how soon a court might rule.
What if you or your child is currently enrolled in college using in-state tuition rates as an undocumented student — does this week's news change anything right now? The short answer: not immediately, but the legal ground is shifting fast.
In September 2026, the Department of Justice filed its final four lawsuits against Hawaii, the District of Columbia, Arkansas, and Utah, targeting state laws that allow undocumented immigrants to pay in-state tuition and receive financial aid at public colleges. That brought the DOJ's total to 25 lawsuits — one against every state that has such a law. Associate Attorney General Stanley E. Woodward, Jr. said the department has now sued every state in the country with a law or regulation granting undocumented immigrants in-state tuition rates.
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What the DOJ is arguing — and what courts have already decided
The DOJ's complaints argue that these state laws unconstitutionally discriminate against U.S. citizens who do not qualify for the same reduced tuition or scholarships. Federal law, the department says, prohibits states from giving undocumented immigrants education benefits that are not equally available to all U.S. citizens. The day before the final four lawsuits were filed, the U.S. District Court for the District of Kansas ruled that Kansas' in-state tuition law for undocumented students is unconstitutional — a direct win for the DOJ's legal theory. Courts have already issued permanent orders blocking similar laws in Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas, including a ruling from the Fifth Circuit Court of Appeals. Lawsuits against 15 more states — including California, New York, New Jersey, Massachusetts, and others — are still pending.
For undocumented students currently enrolled and using in-state tuition in one of those 15 pending states, the existing law in their state still applies until a court orders otherwise. But the Kansas ruling shows that courts are willing to side with the federal government. Students in states where courts have already issued permanent orders blocking these laws face a real change in what they will pay — or whether they can afford to stay enrolled at all.
What to do
- If you are an undocumented student in a state where a lawsuit is still pending (California, New York, New Jersey, Massachusetts, Minnesota, Virginia, Rhode Island, Maryland, Colorado, Connecticut, Vermont, Arizona, New Mexico, Oregon, or Washington), check your school's financial aid office regularly for updates — your current tuition rate is not yet affected, but that can change if a court issues an injunction.
- If you are in a state where a court has already blocked the in-state tuition law (Texas, Kentucky, Oklahoma, Nebraska, Illinois, or Kansas), contact your school's financial aid office now to understand what your new tuition costs will be and what federal or private aid options remain open to you.
- Talk to a nonprofit immigration legal services organization or an immigration lawyer about how your enrollment status and any financial aid you receive could interact with your immigration case — especially if you are in removal proceedings or have a pending application.
- Follow official court dockets or trusted immigration news sources for rulings in your state, since a court order can take effect quickly once issued.
A full breakdown of this topic — in our guide “Appealing to the BIA”.
Fishkin Law Firm, New York
Undocumented students should understand that a lawsuit being filed does not automatically change their tuition rate — only a court injunction does. However, given that courts in six states have already sided with the DOJ and issued permanent orders, students in pending states should start researching alternative funding now: private scholarships not tied to state residency, institutional grants, and nonprofit emergency funds. If you are also in removal proceedings or have any pending immigration application, discuss with an immigration attorney how your school enrollment and any public benefits you receive could affect your case before a ruling comes down.
Frequently Asked Questions
Does the DOJ lawsuit mean I have to pay out-of-state tuition right now?
No — not unless a court in your state has already issued an order blocking the in-state tuition law. A lawsuit being filed is just the start of a legal process. Courts in Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas have already issued permanent blocking orders. In the 15 states where lawsuits are still pending, the existing state law still applies until a judge rules otherwise.
Which states still have active lawsuits that have not been decided yet?
As of September 2026, lawsuits are pending in Minnesota, Virginia, California, New Jersey, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut, Vermont, Arizona, New Mexico, Oregon, and Washington.
Can undocumented students apply for federal financial aid if state aid is blocked?
No. Undocumented immigrants are not eligible for federal student aid (FAFSA). If a court blocks your state's scholarship or financial aid program for undocumented students, you would need to look for private scholarships, institutional grants from your school, or nonprofit emergency funds. An immigration attorney or a college financial aid counselor can help you identify what options are available in your state.
Could this affect my immigration case if I am in removal proceedings?
Receiving state tuition benefits is generally not itself a ground of deportation, but immigration judges and USCIS officers do look at an applicant's full history. If you are in removal proceedings or have a pending green card or asylum application, lawyers recommend disclosing your situation to your immigration attorney before any court ruling changes your status as a tuition recipient — just to make sure there are no unexpected complications.