The Department of Justice (DOJ) recently initiated lawsuits against Vermont, Connecticut, and New York. This legal action addresses state policies that allegedly favor tuition benefits for illegal immigrants over American citizens. Fox News correspondent David Spunt reported on this issue during the show ‘Special Report.’
The Trump administration also filed lawsuits against Oregon, Washington, New Mexico, and Arizona. These states allow illegal immigrants to access financial benefits. Such benefits include in-state tuition, state grants, and state-funded student loans. The Justice Department claims these laws violate federal law. Federal law states that illegal immigrants cannot receive higher education in-state benefits unless they are available to all U.S. students.
Brett A. Shumate, Assistant Attorney General of the Justice Department’s Civil Division, stated, “Colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens.” He emphasized that the DOJ would not condone American students being treated as second-class citizens.
The latest lawsuits increase the number of states facing legal challenges over such benefits to 21. The DOJ previously won cases in Texas, Kentucky, Oklahoma, Nebraska, and Illinois.
Associate Attorney General Stanley E. Woodward, Jr. reaffirmed, “Our efforts will not cease until illegal aliens do not receive benefits denied to American citizens.” The financial implications are significant. For example, in 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. Illegal immigrants could receive up to a $31,054 discount under current laws.
The lawsuit against Arizona highlighted discrepancies at Arizona State University. The greatest tuition gap at the university is $24,448 between in-state and out-of-state students. In fall 2025, 432 illegal immigrants obtaining in-state rates at the university saved approximately $10.5 million.
The Arizona Center for Investigative Reporting estimates that more than 3,600 illegal immigrants could qualify annually for in-state tuition under Arizona law. A spokesperson for the Arizona Board of Regents stated they comply with state law and will coordinate with Arizona leaders on subsequent actions.
In Oregon, only in-state students at Oregon Health & Science University can access a Rural Nurse Scholars Scholarship. This grant covers full tuition and a $1,500 travel stipend, with the DOJ arguing that illegal immigrants qualify for this aid under state rules.
In Washington, illegal immigrants not only qualify for in-state tuition and grants, but the state also has the Undocumented Student Support Loan Program initiated in 2020 to support those unable to obtain federal financial aid.
Washington Governor Bob Ferguson asserted, “Washington state won’t be bullied into changing how we provide opportunities for young people in our state. We’ll see them in court, and we expect to win.”
A 2024 report estimated about 408,000 illegal immigrants are enrolled in higher education. Of these, 29.1% arrived in the U.S. at age 17 or older.
Ongoing lawsuits are also present in Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut, and Vermont.
Fox News Digital sought comments from the governors of Oregon, New Mexico, and Arizona. Elaine Mallon reports for Fox News Digital and Fox Business, covering national politics.