States Face Legal Challenges for Offering In-State Tuition to Undocumented Students
Trump administration initiates legal action against Minnesota over alleged disregard of higher education opportunities for immigrant students
Here's the lowdown: Minnesota has found itself in the crosshairs of a court battle, like Kentucky and Texas before it, instigated by the Trump administration. The fuss is about Minnesota's decision to grant in-state tuition rates to high school graduates who entered the US illegally and participate in the state's higher education system, much to the chagrin of the US Department of Justice (DOJ).
In a lawsuit filed in federal district court in Minnesota, the DOJ aims to compel Minnesota to revoke its policy. It also seeks to nullify a law that allows immigrant students to receive scholarships as part of Minnesota's North Star Promise program. The DOJ's lawsuit names Democratic Gov. Tim Walz, Democratic AG Keith Ellison, and the Office of Higher Education as defendants.
Trump's DOJ isn't starting fights in Minnesota only; it's already taken on Kentucky and Texas. Just last week, a federal judge in Texas blocked a state law granting tuition breaks to immigrant students living in the US illegally. The judge granted the request made by Texas' Republican AG, Ken Paxton, due to concerns about the law's legality.
Minnesota's administration has stated it is reviewing the lawsuit to better understand the implications for the state.
The DOJ's Argument: Minnesota Discriminates Against US Citizens
The lawsuit alleges that Minnesota is flagrantly violating federal law by offering educational benefits to resident students who are living in the US illegally, while denying similar benefits to U.S. citizens. Typically, states impose higher tuition rates for out-of-state students in comparison to in-state students.
President Trump issued executive orders in February 2020 mandating that federal agencies make sure public benefits don't go to immigrants living in the US illegally and challenge state and local policies deemed favorable to these individuals over citizens. The lawsuit claims that the Trump administration's orders support enforcing federal immigration laws.
The lawsuit asserts that Minnesota's policies discriminate against U.S. citizens.
More Lawsuits on the Horizon?
The DOJ's lawsuit in Minnesota mentions cases filed earlier this month in Kentucky and Texas but does not mention potential targets for future litigation. However, when discussing Texas' case, AG Pamela Bondi hinted that more lawsuits may be looming in the future.
Last year, Florida ended its tuition breaks for immigrant students living in the US illegally, but more than 20 states still offer similar benefits. California and New York are two Democratic-leaning states on that list, but even some Republican-leaning states like Kansas and Nebraska have policies supporting these students. According to available data, at least 16 states allow immigrant students to receive scholarships or other forms of financial assistance for higher education.
States' Counterargument: No Discrimination Against US Citizens
Supporters of the state tuition breaks argue that such policies are compliant with federal law if in-state citizens are also eligible for the same benefits, given that they meet state residency requirements (graduated from a local high school) and other criteria (like registration with the US Selective Service System for male students or seeking legal resident status).
Proponents of these laws also claim that the students involved are typically brought to the US illegally by their parents when they were young and view them as members of their communities, much like US-born students. Additionally, they contend that undocumented students often exhibit high academic achievement levels.
In summary, several states offer in-state tuition benefits to undocumented immigrants who are residents of the state and high school graduates, but these policies face opposition from the Trump administration. The DOJ has filed lawsuits against California, Texas, and Kentucky to stop or revoke these policies, with more disputes possible as others come to light.
- The US Department of Justice (DOJ) argues that the policy offering in-state tuition to undocumented students in Minnesota discriminates against American citizens by providing educational benefits to resident students who are living in the US illegally, while denying similar benefits to US citizens.
- In the arena of policy-and-legislation and education-and-self-development, the DOJ's lawsuit against Minnesota is part of a broader campaign initiated by President Trump, aiming to challenge state and local policies deemed favorable to undocumented immigrants over US citizens.
- As general-news emerges about legal challenges to state policies offering in-state tuition to undocumented students, there is speculation that the DOJ may file more lawsuits against states in the near future, with potential targets possibly including Democratic-leaning states like California and New York, as well as some Republican-leaning states.
