DOJ Sues NY, CT, VT Over In-State Tuition for Undocumented
Thousands of undocumented college students in New York, Connecticut, and Vermont pay in-state tuition rates — a benefit that may soon be taken away. The Department of Justice sued all three states in August 2026, calling those laws a violation of federal statute. Courts have already shut down similar laws in five other states.
What if you are undocumented and already enrolled in college using in-state tuition rates in New York, Connecticut, or Vermont? The answer is: nothing changes today — but a federal lawsuit filed in August 2026 could change that soon.
The U.S. Department of Justice sued all three states in August 2026, arguing that their laws giving undocumented residents in-state tuition and financial aid violate federal law. According to the DOJ, Congress has long prohibited states from offering undocumented immigrants benefits that are not equally available to U.S. citizens from other states. Associate Attorney General Stanley Woodward said the lawsuits are part of a broader effort to enforce that prohibition nationwide. The DOJ says these are the 17th set of lawsuits it has filed on this issue under Attorney General Todd Blanche.
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The DOJ is not just targeting tuition rates. The complaints also ask courts to block New York, Connecticut, and Vermont from giving state-funded scholarships and financial assistance to undocumented students. The federal government argues that any benefit tied to in-state residency — regardless of immigration status — conflicts with federal statute when it is denied to U.S. citizens from out of state.
This is not the first time the DOJ has won on this issue. Courts have already issued permanent orders blocking similar laws in Texas, Kentucky, Oklahoma, Nebraska, and Illinois, including a ruling from the Fifth Circuit Court of Appeals. Lawsuits against nine other states — including California, New Jersey, and Massachusetts — are still pending. New York, Connecticut, and Vermont are now the newest targets.
What to do
- If you are undocumented and currently enrolled using in-state tuition in New York, Connecticut, or Vermont, keep attending classes. No court has issued an order yet — the lawsuit was just filed in August 2026.
- Watch for updates from your college's financial aid office. If a court issues an injunction (a court order blocking the law), schools will be required to notify students.
- If you are also pursuing asylum, DACA renewal, or another immigration status, talk to an immigration lawyer now. Your enrollment status and any public benefits you receive may affect your case.
- Contact a nonprofit immigration legal services organization in your state for free or low-cost advice specific to your situation.
Related: our step-by-step guide — “Appealing to the BIA”.
Fishkin Law Firm, New York
Undocumented students in these states should understand that a lawsuit being filed does not immediately change their tuition status — only a court injunction would do that, and courts can take months to act. However, given that federal courts have already sided with the DOJ in five similar cases, the legal risk here is real. Anyone in this situation should consult an immigration attorney now, especially if they have a pending asylum application, DACA renewal, or any other open immigration matter, since public benefit receipt can sometimes be raised in those proceedings.
Frequently Asked Questions
Does this lawsuit mean I will lose my in-state tuition right now?
No. A lawsuit being filed does not change the law immediately. Your tuition status stays the same until a court issues an injunction (an order blocking the state law). That process takes time — often months.
Which states are affected by this specific lawsuit?
The August 2026 lawsuits target New York, Connecticut, and Vermont. Separate lawsuits against California, New Jersey, Massachusetts, Minnesota, Virginia, Kansas, Maryland, Rhode Island, and Colorado are also pending in other courts.
Have courts blocked similar laws in other states?
Yes. Courts have already issued permanent orders blocking in-state tuition laws for undocumented students in Texas, Kentucky, Oklahoma, Nebraska, and Illinois. The Fifth Circuit Court of Appeals upheld one of those orders.
Could this affect my asylum application or DACA renewal?
Possibly. Receiving state benefits can sometimes be raised in immigration proceedings. Immigration lawyers recommend disclosing any benefits you receive to your attorney so they can assess the risk for your specific case.