Overview
- The Department of Justice filed complaints on Thursday against Arizona, New Mexico, Oregon and Washington, bringing its coordinated campaign to 21 federal suits challenging state laws that let some noncitizen residents qualify for in‑state tuition and state financial aid.
- The lawsuits rely on 8 U.S.C. §1623 and ask courts to block not only resident tuition rates but also state scholarships, grants and state loan programs that the DOJ says are based on residency for people not lawfully present.
- State officials in the targeted states have pledged to defend their laws in court and the filings do not immediately change students’ eligibility while litigation proceeds.
- The Arizona complaint cites Fall 2025 enrollment data showing at least 720 undocumented students received in‑state rates, including 432 at Arizona State University, and estimates about $10.5 million in reduced tuition at ASU with a projection that roughly 3,600 students could qualify annually.
- Lower courts have produced mixed rulings so far, five states have had similar laws enjoined, and the growing docket makes appeals and likely Supreme Court review the most likely path to a final national resolution which could end or preserve state programs and affect students who rely on them.