DOJ Filed Lawsuits Against 25 States Over Tuition

The federal government has challenged state policies granting in-state tuition to undocumented immigrants.

Updated on Sept. 19, 2026 in Financial Aid

DOJ Filed Lawsuits Against 25 States Over Tuition

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Should states offer in-state tuition rates to undocumented immigrant students?

The Department of Justice has launched legal action against 25 states that provide in-state tuition to undocumented immigrants. The litigation recently expanded to include Hawaii, Washington D.C., Arkansas, and Utah.

Why it matters

These lawsuits aim to challenge state-level decisions regarding how tuition benefits are distributed to non-citizen students. The ongoing legal pressure represents a significant federal effort to standardize residency requirements for educational pricing.

The federal litigation involves 25 states that have enacted policies offering in-state tuition to undocumented students. This figure represents the total count of states currently named in the Department of Justice filings.

The players

Department of Justice

The Department of Justice is the federal executive department responsible for the enforcement of federal laws and the administration of justice.

The details

The Department of Justice filed these lawsuits to contest the legality of state policies that permit undocumented immigrants to pay in-state tuition rates. While Hawaii, Washington D.C., Arkansas, and Utah were recently added to the group, the legal case against Maryland remains ongoing.

September 19, 2026: Article publication date.

Culture Shift

This litigation follows the precedent set by federal immigration standards and the Illegal Immigration Reform and Immigrant Responsibility Act. It reflects a shift in federal-state relations as the government challenges state-level autonomy in educational policy.

Students and families in the targeted jurisdictions may face uncertainty regarding future tuition rates and enrollment eligibility. Depending on the final rulings, these households could see changes to their overall college affordability and financial planning.

The takeaway

The ongoing legal disputes highlight the complex tension between state autonomy and federal immigration enforcement in higher education. Families affected by these policies should monitor local university bulletins for updates on tuition classification rules.