DOJ Expands In-State Tuition Challenges to 24 States and D.C.

The U.S. Department of Justice has now filed lawsuits challenging in-state tuition policies for undocumented students in 24 states and Washington, D.C. The DOJ argues that the policies conflict with federal law by providing tuition benefits to undocumented students that are unavailable to U.S. citizens from other states; the challenges have already resulted in the termination of such policies in several states. Courts have reached differing conclusions, however, including a federal judge’s dismissal of the government’s challenge in Minnesota, with the outcomes potentially depending on how individual states structure eligibility for in-state tuition. Higher education and immigrant-student advocates dispute DOJ’s interpretation and argue that eliminating the policies will reduce college access and affordability, while advocates involved in the litigation have indicated that the legal dispute may ultimately reach the Supreme Court. (subscription required)