Trump DOJ Sues New York, Connecticut and Vermont Over In-State Tuition for Illegal Immigrants

The Trump administration is taking three Democratic-led states to court over policies allowing illegal immigrants to receive in-state college tuition and other education benefits, arguing that the programs illegally provide advantages unavailable to American citizens living in other states.

The Justice Department filed separate lawsuits Monday against New York, Connecticut and Vermont as part of President Trump’s broader effort to eliminate government benefits for people living in the United States illegally.

Associate Attorney General Stanley Woodward said Congress has already established that states cannot provide certain postsecondary education benefits to illegal immigrants based on residency unless American citizens are eligible for comparable benefits regardless of where they live.

The federal government is relying heavily on a 1996 immigration law that restricts states from providing postsecondary education benefits to people who are not lawfully present when comparable benefits are denied to U.S. citizens from other states.

The Justice Department argues the three states are violating federal law by allowing qualifying illegal immigrants to receive discounted in-state tuition while American students arriving from other states can be required to pay substantially higher out-of-state rates.

Connecticut has allowed qualifying students without legal immigration status to receive in-state tuition for more than a decade. The Justice Department is challenging several Connecticut laws, including provisions involving tuition benefits and certain student financial assistance programs.

Vermont is also being targeted over a state law that extends eligibility for in-state tuition and certain grants and scholarships regardless of immigration status. Federal officials argue those provisions directly conflict with restrictions enacted by Congress.

New York similarly allows certain students without legal status to qualify for resident tuition rates if they meet requirements involving attendance at New York schools and other criteria. The Justice Department wants a federal court to block the state from continuing to provide benefits that it argues violate federal immigration law.

The lawsuits are part of a much broader nationwide campaign. The Justice Department has now brought challenges involving 17 states over in-state tuition policies for illegal immigrants, with the administration already securing favorable outcomes in several states, including Texas, Kentucky, Oklahoma, Nebraska and Illinois.

Trump officials say they intend to continue pursuing states that maintain similar programs. The administration argues the issue comes down to whether states can give illegal immigrants education benefits that are unavailable on equal terms to American citizens, with the Justice Department promising to keep fighting until those policies are eliminated nationwide.