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DOJ Sues New Jersey Over In-State Tuition and Aid for Undocumented Students

The case tests whether state residency-based college benefits for undocumented students conflict with federal immigration-benefits law.

Overview

  • The Justice Department filed the lawsuit Thursday in the U.S. District Court for the District of New Jersey, seeking to block state laws that give undocumented residents in-state tuition and access to state college aid.
  • The complaint argues the policies violate federal law by granting benefits not equally available to all U.S. citizens and by favoring undocumented residents over citizens from other states.
  • New Jersey since 2013 has allowed qualifying residents to pay in-state rates regardless of immigration status, and a 2018 law opened state grants and scholarships to those students.
  • The filing names the state and several higher-education entities and officials, and it asks the court for an injunction that would halt tuition discounts and state aid for undocumented students while the case proceeds.
  • The case is the ninth in a DOJ initiative, with earlier actions in Texas, Kentucky, and Oklahoma producing favorable orders, and related suits still pending in Illinois, Minnesota, Virginia, Nebraska, and California.