DOJ Sues Colorado Over In-State Tuition for Undocumented Students
If you or your child receives in-state tuition at a Colorado college because of state residency — and you are not a U.S. citizen or lawful permanent resident — your benefits may be at legal risk. The U.S. Department of Justice sued Colorado in July 2026, asking a federal court to block the state from offering reduced tuition and financial aid to undocumented students. This is the DOJ's 14th such lawsuit nationwide, and four similar cases have already ended with courts permanently striking down those state laws.
What if the court rules before your next semester starts? That is the real question Colorado students are facing right now. The Department of Justice filed a lawsuit against Colorado in July 2026, targeting two state laws: one that grants in-state tuition to undocumented residents, and another that makes them eligible for state financial aid and scholarships. The DOJ argues both laws violate federal law and unconstitutionally discriminate against U.S. citizens who live outside Colorado and cannot access the same reduced rates.
What the DOJ is arguing
Associate Attorney General Stanley E. Woodward, Jr. said in a statement that Congress has been clear for three decades: states cannot give education benefits to undocumented immigrants unless those same benefits are available to all U.S. citizens. Assistant Attorney General Brett A. Shumate of the DOJ's Civil Division added that colleges cannot offer benefits to undocumented students that they do not offer to U.S. citizens. The DOJ's complaint asks the court to block — or "enjoin" — Colorado from enforcing both laws while the case moves forward.
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This is not the first time the DOJ has taken this approach. The department has now filed 14 lawsuits across the country on this issue. Courts in Texas, Kentucky, Oklahoma, and Nebraska have already issued permanent orders striking down similar state laws, including a ruling from the Fifth Circuit Court of Appeals. Active lawsuits are also pending against Illinois, Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, and Maryland.
For undocumented students in Colorado, nothing changes immediately. A lawsuit being filed is not the same as a court order. Colorado's in-state tuition law remains in effect until a judge says otherwise. But the pattern from other states suggests the legal pressure is serious.
What to do
- If you are currently enrolled with in-state tuition in Colorado, keep attending classes — no court has blocked the benefit yet.
- Check for updates from your college's financial aid office. Schools will be required to notify students if a court issues an injunction.
- If you have a pending immigration case — such as an asylum application, DACA renewal, or a family petition — tell your immigration lawyer about this lawsuit so they can factor it into your case strategy.
- Lawyers recommend documenting your current tuition status and any financial aid awards in writing, in case you need to show what benefits you received and when.
Related: our step-by-step guide — “Appealing to the BIA”.
Fishkin Law Firm, New York
Students in this situation should understand that a lawsuit being filed does not immediately change their tuition status — a court must issue an injunction first. However, given that courts in Texas, Kentucky, Oklahoma, and Nebraska have already sided with the DOJ on nearly identical laws, the legal risk here is real and not theoretical. If you have any pending immigration case — asylum, DACA renewal, or a family petition — speak with an immigration attorney now, because changes to state benefits can sometimes affect how adjudicators view your ties to the community.
Frequently Asked Questions
Does this lawsuit mean I will lose my in-state tuition right now?
No. Filing a lawsuit does not immediately change anything. Colorado's law stays in effect until a federal court issues an order blocking it. That process takes time, and you will likely hear from your school before anything changes.
Could this lawsuit affect my immigration case — for example, my asylum application or DACA renewal?
Possibly, depending on your situation. Receiving state benefits is generally not a direct bar to asylum or DACA, but immigration adjudicators sometimes look at your overall circumstances. Talk to an immigration lawyer about your specific case.
What happened in other states where the DOJ filed similar lawsuits?
Courts in Texas, Kentucky, Oklahoma, and Nebraska permanently blocked similar state tuition laws after the DOJ sued. The Fifth Circuit Court of Appeals also upheld one of those rulings. That is why legal advocates say the risk in Colorado is real.
If Colorado's law is blocked, will students have to repay the tuition difference?
The DOJ's complaint asks the court to block the law going forward — it does not ask students to repay past tuition. However, every court order is different. An immigration attorney can help you understand what a future ruling might mean for your specific enrollment.