Trump Administration Challenges State Tuition Laws for Immigrants
In a significant development, the Trump administration is actively pursuing legal action against numerous state laws that permit certain immigrants to pay in-state college tuition. These efforts have drawn substantial attention and concern from immigration advocates and experts, who argue that such measures threaten the accessibility of affordable higher education for noncitizen students.
The U.S. Department of Justice (DOJ) has initiated lawsuits against 24 states, Washington, D.C., and the University of Delaware. These legal challenges target policies that offer in-state tuition rates to noncitizen students who meet specific criteria, irrespective of their immigration status. This is part of a broader strategy by the administration to restrict benefits potentially available to immigrants.
During a virtual press conference, representatives from the Mexican American Legal Defense and Educational Fund, the Presidents’ Alliance on Higher Education and Immigration, and TheDream.US defended the state laws in question. They emphasized the adverse effects that could arise from revoking such policies, which are crucial for noncitizen students to access higher education affordably. A joint report was also released, detailing the legal challenges posed by the DOJ.
“The administration’s challenges limit opportunities for thousands of students and undermine the social and economic well-being of communities across the country,” stated Miriam Feldblum, President and CEO of the Presidents’ Alliance on Higher Education and Immigration. Feldblum further noted the financial gap noncitizen students face when denied in-state tuition rates.
Gaby Pacheco, President and CEO of TheDream.US, labeled the administration’s actions as “coordinated assaults on tuition equity.” She highlighted that these efforts are part of a broader pattern of restrictive legal and policy measures that jeopardize Dreamers’ educational prospects and futures. TheDream.US provides scholarships to immigrant youth, including those under the Deferred Action for Childhood Arrivals (DACA) program.
Legal Victories and Setbacks
In an ongoing legal battle, the DOJ has succeeded in having laws struck down in six states: Illinois, Kansas, Kentucky, Nebraska, Oklahoma, and Texas. However, a recent decision by a federal judge upheld Virginia’s in-state tuition policies, marking a setback for the administration.
Lawsuits are still pending in several other states, including Arizona, California, and New York, among others.
Debate Over Federal Law
The DOJ’s legal actions are based on the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. This law prohibits states from offering in-state tuition benefits to individuals not lawfully present unless the same benefits are available to U.S. citizens from other states. Assistant Attorney General Brett Shumate emphasized that “colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens.”
Thomas A. Saenz, President and General Counsel of MALDEF, criticized the DOJ’s litigation strategy, noting the sharp tactics employed to prevent defense of the state laws. He pointed out that all state tuition-equity policies were enacted after the 1996 law, suggesting a unique interpretation by the current administration. “No administration prior to this one has ever gone to court contending that that 1996 law somehow renders these tuition-equity laws unconstitutional,” Saenz explained.
