DOJ Sues 4 States Over In-State Tuition for Undocumented Students
You are an undocumented student in Arizona, enrolled at a state university on in-state tuition — and now the federal government is in court trying to end that. The Department of Justice sued four states in August 2026 over laws that let undocumented residents pay in-state tuition rates and receive state financial aid. If the lawsuits succeed, those benefits could disappear — and the legal fight is already producing results in other states.
What the DOJ filed and why
The Department of Justice filed complaints against Arizona, New Mexico, Oregon, and Washington in August 2026, arguing that their state laws illegally put undocumented immigrants ahead of U.S. citizens. The core legal argument: a federal law passed over 30 years ago bars states from giving undocumented people benefits that are not equally available to U.S. citizens. Associate Attorney General Stanley E. Woodward, Jr. said the four states were "pushing citizens to the side and ignoring federal law."
The complaints ask federal courts to block each state from requiring colleges and universities to offer in-state tuition to residents who are not lawfully present in the United States. The DOJ also wants courts to stop those states from giving state-funded scholarships and financial assistance to undocumented students. The Arizona complaint specifically cited data showing that at least 720 undocumented students received in-state tuition at Arizona public colleges in the Fall 2025 semester — 432 of them at Arizona State University alone. Given the roughly $24,000 gap between in-state and out-of-state tuition at ASU, the DOJ estimated that undocumented students received about $10.5 million in reduced tuition at that one school in a single year.
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How far has this gone in other states
These four lawsuits bring the DOJ's total to 21 similar cases filed across the country. Courts have already sided with the federal government in five states: Texas, Kentucky, Oklahoma, Nebraska, and Illinois — including a ruling from the Fifth Circuit Court of Appeals. Lawsuits are still pending in twelve other states, including California, New York, New Jersey, Massachusetts, Colorado, and Connecticut, among others. Assistant Attorney General Brett A. Shumate said the department "will not tolerate American students being treated like second-class citizens in their own country."
What to do
- If you are an undocumented student currently enrolled using in-state tuition in Arizona, New Mexico, Oregon, or Washington, talk to an immigration attorney now — not after a court order comes down. Your enrollment status could change if a court issues an injunction.
- Ask your college's financial aid office whether your scholarships are state-funded or federally funded. State-funded aid is what the DOJ is targeting; federal aid rules are separate.
- Follow your state's attorney general office for updates — each state is expected to defend its law in court, and the timeline for a ruling varies.
- If you are in a state where a court has already blocked in-state tuition (Texas, Kentucky, Oklahoma, Nebraska, or Illinois), speak with an immigration lawyer about your options, including whether any federal programs such as DACA may affect your eligibility for other benefits.
What to do, step by step — see our guide “Immigration Court Rulings”.
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Students in these four states still have in-state tuition rights while the lawsuits work through the courts — no injunction has been issued yet in Arizona, New Mexico, Oregon, or Washington. However, in states where courts have already ruled against similar laws, the change happened quickly once an order was entered, leaving students little time to adjust. If you are undocumented and relying on state tuition benefits, an attorney can help you assess your exposure and explore whether any federal immigration status — such as DACA — could affect your eligibility going forward. Consulting an immigration lawyer now, before any court order, gives you the most options.
Frequently Asked Questions
Does this mean I have to pay out-of-state tuition right now?
No. The DOJ filed lawsuits, but courts have not yet issued orders in Arizona, New Mexico, Oregon, or Washington. Until a court actually blocks the state law, nothing changes for currently enrolled students in those states.
Which states have already lost in-state tuition for undocumented students?
Courts have issued orders permanently blocking similar laws in Texas, Kentucky, Oklahoma, Nebraska, and Illinois, including a ruling from the Fifth Circuit Court of Appeals.
Does having DACA status change anything?
Possibly. DACA recipients have a different legal status than undocumented immigrants with no federal protection. How courts treat DACA students under these lawsuits is not yet settled — an immigration attorney can explain what your specific status means for your eligibility.
What federal law is the DOJ relying on?
The DOJ cites a federal law passed more than 30 years ago that bars states from giving undocumented immigrants public benefits that are not equally available to U.S. citizens. The department argues that in-state tuition and state scholarships qualify as such benefits.