DOJ Sues Massachusetts and Rhode Island Over Tuition for Undocumented Students
The Department of Justice just sued two more states — Massachusetts and Rhode Island — to strip in-state tuition and scholarships from undocumented students. It's the 12th lawsuit in a series that has already succeeded in four other states. If courts rule the same way here, thousands of students could face much higher college costs overnight.
DOJ Takes Aim at State Tuition Benefits for Undocumented Immigrants
The U.S. Department of Justice (DOJ) filed lawsuits against Massachusetts and Rhode Island in 2026, challenging state laws that give in-state tuition rates and financial aid — including scholarships — to undocumented immigrants. The federal government argues these laws break federal rules by giving benefits to people who are not lawfully present in the US, while some US citizens from other states do not get the same reduced rates.
The DOJ is asking courts to block (called an "injunction") both states from enforcing these tuition and scholarship laws. Federal officials say colleges cannot legally offer benefits to undocumented students that they do not also offer to US citizens. These two new lawsuits bring the total number of similar DOJ actions across the country to 12 in this series. Other lawsuits are already pending against Illinois, Minnesota, Virginia, California, New Jersey, and Kansas.
Immigration Deadlines 2026 — Free
Download PDF with all key dates
The DOJ says its efforts have already produced results. Courts have already issued permanent orders blocking similar laws in Texas, Kentucky, Oklahoma, and Nebraska — declaring those state tuition laws unconstitutional. If courts rule the same way in Massachusetts and Rhode Island, undocumented students in those states could lose access to in-state tuition and state-funded scholarships.
What This Means for Undocumented Students
If you are an undocumented student currently enrolled in a Massachusetts or Rhode Island college using in-state tuition or a state scholarship, these lawsuits do not immediately change your situation. A court must first issue an order before any law is blocked. However, the legal trend across the country is moving against these benefits. Now is a good time to plan ahead and understand your options.
What to do
- Keep paying your tuition as normal for now. No court has blocked these laws in Massachusetts or Rhode Island yet. Changes only take effect if a judge issues an order.
- Contact your college's financial aid office. Ask them to notify you immediately if anything changes with your tuition status or scholarships due to this lawsuit.
- Explore federal and private scholarships. Some private scholarships and nonprofit funds are available to undocumented students regardless of state law. Research options now, before any court ruling.
- Speak with an immigration lawyer. If you are undocumented and worried about your status or benefits, an immigration attorney can explain your rights and help you prepare for possible changes.
Fishkin Law Firm, New York
As an immigration attorney, I would urge undocumented students in these states to document their current enrollment status and financial aid awards in writing — this record could matter if a court order is issued mid-semester. If you have any pending immigration case, such as an asylum application or DACA renewal, a change in your public benefits situation could affect how your case is viewed, so it is worth reviewing your full immigration picture now. Consult a licensed immigration attorney to understand how these lawsuits may interact with your specific status.