Trump Administration Files Lawsuits Against Four States Over Tuition Benefits for Illegal Immigrants

<p>The Trump administration filed lawsuits against four states on August 28, 2026, over laws that allow illegal immigrants to receive financial benefits, including in-state tuition, state grants, and state-funded student loans. The Justice Department contends that these laws in Oregon, Washington, New Mexico, and Arizona violate federal law, which states that illegal immigrants are ineligible for higher education in-state benefits unless those benefits are available to all U.S. students.</p><p>Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division stated, "This is a simple matter of federal law: Colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens." He added, "This Department of Justice will not tolerate American students being treated like second-class citizens in their own country." </p><p>The lawsuits bring the total number of states facing legal challenges regarding laws that grant illegal immigrant students the same benefits as lawful residents to 21. The Justice Department has previously won cases in Texas, Kentucky, Oklahoma, Nebraska, and Illinois.</p><p>Associate Attorney General Stanley E. Woodward, Jr. remarked, "Our efforts will not cease until President Trump’s promise is fulfilled: Illegal aliens will not receive benefits denied to American citizens." </p><p>The difference between in-state and out-of-state tuition costs at public universities in the four states is significant. For the 2026-2027 school year, Washington residents would pay $13,406, while out-of-state students would pay $44,460 at the University of Washington, resulting in a potential $31,054 discount for illegal immigrants who meet specific residency requirements.</p><p>The lawsuit against Arizona indicated that in fall 2025, 432 illegal immigrants received in-state tuition benefits at Arizona State University, amounting to $10.5 million in reduced tuition. A report from the Arizona Center for Investigative Reporting estimated that over 3,600 illegal immigrants could qualify for in-state tuition under Arizona’s law.</p><p>A spokesperson for the Arizona Board of Regents, a plaintiff in the lawsuit, stated that the school system follows state law and is reviewing the lawsuit while working with Arizona leaders on appropriate next steps.</p><p>In Oregon, only in-state students enrolled at Oregon Health & Science University can receive a Rural Nurse Scholars Scholarship, which covers full tuition and a $1,500 travel stipend. The Justice Department alleges that illegal immigrants are eligible for this scholarship under state law.</p><p>In Washington, illegal immigrants qualify for in-state tuition and grants, and the state has created a financial aid program for illegal immigrants who cannot obtain federal financial aid, known as the Undocumented Student Support Loan Program, established under a bill passed in 2020. Washington Governor Bob Ferguson stated that he supports the state's laws and is prepared to defend them in court.</p><p>A June 2024 report estimated that approximately 408,000 illegal immigrants were enrolled in higher education, with 29.1% arriving in the United States at age 17 or older.</p><p>Lawsuits are also pending in Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut, and Vermont.</p><p>Fox News Digital reached out to the governors' offices of Oregon, New Mexico, and Arizona for comment.</p>