DOJ Sues Arizona, New Mexico, Oregon, and Washington Over In-State Tuition for Noncitizens

The Department of Justice filed lawsuits on August 27, 2026, against Arizona, New Mexico, Oregon, and Washington challenging state laws that allow undocumented immigrants to receive in-state tuition and financial aid at public colleges, bringing the total number of states the department has sued over such laws to 21. The complaints seek to block the states from providing in-state tuition rates and financial assistance to residents regardless of immigration status, arguing the laws unconstitutionally discriminate against U.S. citizens who don’t qualify for the same reduced rates. The Arizona complaint estimates that more than 3,600 undocumented students per year could qualify for in-state tuition under the state’s law, with Arizona State University alone providing an estimated $10.5 million in reduced tuition to 432 such students last fall. The DOJ noted it has already won similar cases in Texas, Kentucky, Oklahoma, Nebraska, and Illinois, with lawsuits still pending in Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut, and Vermont.