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Investigation Requested into Colorado's ASSET Tuition Program

2/14/2026, 6:12:42 AM

Overview of the ASSET Program

The Advancing Students for a Stronger Tomorrow (ASSET) program in Colorado allows undocumented immigrants to qualify for in-state tuition and financial aid, provided they meet specific criteria. To be eligible, students must have attended a Colorado high school for at least one year and have lived in the state for a minimum of 12 consecutive months before applying for postsecondary education. This program offers significant financial advantages, as in-state tuition can be substantially lower than out-of-state rates; for instance, Colorado State University charges $6,762.13 for residents compared to $18,277.41 for non-residents.

Call for Investigation

The Equal Protection Project, a civil rights watchdog, has formally requested that the U.S. Department of Justice's Division of Civil Rights investigate the ASSET program. The organization argues that the program discriminates against American-born students by providing benefits to undocumented immigrants that are not available to out-of-state U.S. citizens. William Jacobson, president and founder of the Equal Protection Project, stated that the ASSET program "crosses that line by conferring in-state tuition and related taxpayer-funded postsecondary education benefits based on lenient Colorado residence criteria."

Comparison with Other States

Jacobson highlighted that other states, such as Virginia and California, have stricter requirements for undocumented students seeking in-state tuition. Virginia typically mandates two years of in-state high school attendance, while California requires three years and graduation from a state high school. He emphasized that Colorado's ASSET law may be more lenient than those in California and Virginia, warranting closer scrutiny from federal authorities.

Official Statements & Responses

In response to the complaint, the Equal Protection Project clarified that their focus is not on whether undocumented students should have access to education, but rather on the fairness of the benefits provided to them compared to American citizens. The organization plans to review similar laws in 19 other states that offer tuition benefits to undocumented immigrants, indicating a methodical approach to potential investigations.

Criticism & Opposition

Critics of the ASSET program argue that it creates an unfair advantage for undocumented students over American-born residents. Jacobson noted that the program's existence raises significant legal and ethical questions regarding the allocation of taxpayer-funded educational resources.

What's Next

The Equal Protection Project intends to pursue investigations into the ASSET program and similar laws across various states, emphasizing a case-by-case approach rather than a broad-brush strategy. The outcome of this investigation could have implications for how states structure their tuition policies for undocumented students moving forward.

Verbatim Quotes

  • “REUTERS “These in-state tuition break laws are simply a variation on a theme which privileges people who are in the country illegally over US citizens.” — William Jacobson, President, Equal Protection Project
  • “Our view is that this law is as bad, if not worse, than California and Virginia,” — William Jacobson, President, Equal Protection Project
  • “And so I would think the Justice Department would be interested in this. We want to call it to their attention very directly by filing a request for investigation.” — William Jacobson, President, Equal Protection Project