Story perspectives

DOJ sues four states over in-state tuition for undocumented students

8/29/2026

Center

DOJ Sues States

The Department of Justice filed lawsuits on Thursday, August 27, 2026, against New Mexico, Arizona, Oregon and Washington over in-state tuition for undocumented students.
The lawsuit seeks a permanent injunction, arguing the tuition and aid provisions unlawfully discriminate against U.S. citizens.
Senate Bill 582, passed in 2005, allows undocumented New Mexico graduates to receive in-state tuition and scholarships.
Federal courts have struck down in-state tuition laws in Texas, Kentucky, Oklahoma, Nebraska and Illinois.

Right

DOJ Sues States

On August 27, 2026, the DOJ sued New Mexico, Arizona, Oregon and Washington over in-state tuition for undocumented students.
Stanley E. Woodward Jr. said the suits will continue until President Donald Trump’s promise that illegal aliens receive no benefits denied to Americans is met.
It cites a $31,054 tuition discount for undocumented students at the University of Washington.
Arizona’s estimate says over 3,600 undocumented students could qualify annually, costing $10.5 million in tuition loss.

Blindspot

A report cited by the lawsuit estimates that more than 3,600 undocumented individuals could qualify for Arizona’s in-state tuition each year, potentially reducing state tuition revenue by about $10.5 million.
Within this story's sources, this angle appears mainly in Right-leaning coverage and receives less attention in Center-leaning coverage.

History

Historical Context

The 1982 Supreme Court ruling in Plyler v. Doe, written by Justice John Paul Stevens, barred states from denying K-12 public education to undocumented children. The 1996 IIRIRA later limited state in-state tuition for undocumented college students. On August 27 2026, the DOJ sued New Mexico, Arizona, Oregon and Washington, citing about 725,000 undocumented K-12 students (1.3% of enrollment) who could cost states millions in tuition revenue.

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DOJ Sues States

The Department of Justice filed lawsuits on Thursday, August 27, 2026, against New Mexico, Arizona, Oregon and Washington over in-state tuition for undocumented students.
The lawsuit seeks a permanent injunction, arguing the tuition and aid provisions unlawfully discriminate against U.S. citizens.
Senate Bill 582, passed in 2005, allows undocumented New Mexico graduates to receive in-state tuition and scholarships.
Federal courts have struck down in-state tuition laws in Texas, Kentucky, Oklahoma, Nebraska and Illinois.

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