DOJ Sues New York, Connecticut and Vermont Over In-State Tuition for Undocumented Students

The U.S. Department of Justice filed civil lawsuits against the states of New York, Connecticut and Vermont, alleging that their statutes allowing undocumented residents to qualify for in-state tuition and related financial aid violate the Constitution’s Supremacy Clause. The lawsuits were announced in August 2026.

Justice Department sues Vermont over in-state tuition for undocumented students

Tuition-equity policies permitting undocumented students to pay in-state rates exist in roughly 20 states and the District of Columbia. According to the National Immigration Law Center, about 60 % of the nation’s foreign-born population lives in a state with such laws. The Justice Department has previously sued 16 other states with similar statutes; at least 14 states—including New Jersey, Minnesota and California—have already faced litigation. Several states, such as Texas, Kentucky, Oklahoma, Nebraska and Illinois, have recently had their tuition-equity programs blocked or struck down by federal judges.

MEAWWJustice Department sues Vermont over in-state tuition for undocumented students New York Post

Associate Attorney General Stanley Woodward asserted that “Congress long ago made clear that States cannot put illegal aliens over our nation’s own citizens.” Assistant Attorney General Brett A. Vermont Attorney General Charity Clark’s office said it had not yet been served with the complaint and therefore could not comment. The lawsuits name the State of Vermont, Vermont State Colleges, the University of Vermont and the Vermont Student Assistance Corporation.

Justice Department sues Vermont over in-state tuition for undocumented students

Migrant Justice spokesperson Rachel Elliott argued that “All students in Vermont — regardless of what country they're from — deserve an education,” and expressed confidence that Vermont’s attorney general would defend the law against the federal challenge.

Justice Department sues Vermont over in-state tuition for undocumented students

• “Congress long ago made clear that States cannot put illegal aliens over our nation’s own citizens,” — Associate Attorney General Stanley, said associate attorney

New York Post

• “This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” — Assistant Attorney General Brett, added assistant attorney

New York Post

• “By granting illegal aliens in-state tuition, New York, Vermont, and Connecticut are doing just that. No more,” — General Stanley Woodward, said associate attorney

New York Post

• “All students in Vermont — regardless of what country they're from — deserve an education,” — Migrant Justice

Justice Department sues Vermont over in-state tuition for undocumented students