Full Breakdown
Federal Judge Upholds Minnesota's In-State Tuition for Immigrants Without Legal Status
3/28/2026, 10:44:22 PM
Legal Ruling on Tuition Benefits
A federal judge has ruled that Minnesota public universities can continue to offer in-state tuition and scholarships to certain immigrants without legal status. This decision, made by United States District Judge Katherine Menendez, dismissed a lawsuit filed by the Department of Justice (DOJ) last summer, which sought to halt these programs. The DOJ argued that Minnesota's policies discriminated against U.S. citizens by providing benefits to undocumented students who attended Minnesota high schools for three years, while U.S. citizens from outside the state were ineligible for the same benefits.
Judge Menendez stated that the DOJ failed to demonstrate that the state’s tuition policies violated federal law, which prohibits states from offering preferential benefits to undocumented immigrants. She clarified that the law, enacted during the administration of former President Bill Clinton, allows individuals who attended Minnesota high schools for at least three years to receive the same public benefits, irrespective of their immigration status.
Background of the Lawsuit
The lawsuit named Minnesota's Democratic Governor Tim Walz and Attorney General Keith Ellison as defendants, asserting that the state's statutes "flagrantly" violated federal law. The DOJ's position was supported by U.S. Attorney General Pamela Bondi, who emphasized that no state should treat U.S. citizens as "second-class citizens" by offering financial benefits to undocumented individuals.
In her ruling, Judge Menendez noted that the DOJ lacked standing to sue the state officials, as they do not possess the authority to alter state laws regarding tuition eligibility. Following the ruling, Attorney General Ellison expressed satisfaction, stating that the decision countered attempts to misinterpret federal law and reinforced Minnesota's commitment to inclusivity and education.
Broader Implications and Similar Cases
The DOJ's lawsuit against Minnesota is part of a broader trend, as similar lawsuits have been filed against policies in Kentucky and Texas. Recently, a federal judge in Texas blocked a law that provided tuition breaks to undocumented students, following support from Texas Attorney General Ken Paxton. Additionally, Florida has eliminated in-state tuition eligibility for immigrants without legal status.
According to the National Immigration Law Center, at least 22 states and the District of Columbia have laws or policies that grant in-state tuition benefits to undocumented students. This includes both Democratic-leaning states like California and New York, as well as Republican-leaning states such as Kansas and Nebraska. Furthermore, 14 states, including Minnesota, allow undocumented students to access financial aid and scholarships in addition to in-state tuition.
Official Statements & Responses
Attorney General Keith Ellison stated, “Today, we defeated another one of Donald Trump’s efforts to misconstrue federal law to force Minnesota to abandon duly passed state laws and become a colder, less caring state.” He emphasized that funding for immigrants without legal status is an investment in a more educated workforce.
Conflicting Reports & Gaps
While the ruling in Minnesota supports the continuation of in-state tuition for undocumented students, the DOJ has indicated intentions to pursue further legal challenges in other states. The outcomes of these cases may vary, reflecting differing state laws and political climates.
