DOJ sues 21 states over in-state tuition for undocumented students

On August 27, 2026, the Department of Justice sued Arizona, New Mexico, Oregon, and Washington, bringing the total number of states sued over undocumented student tuition benefits to 21. The DOJ argues these state laws violate federal law and discriminate against out-of-state U.S. citizens. State leaders, including Arizona Attorney General Kris Mayes and Washington Governor Bob Ferguson, vowed to fight the lawsuits, defending their right to set educational policies.

DOJ lawsuits against states

• ▪The United States Department of Justice has won previous lawsuits regarding undocumented student tuition benefits in Texas, Kentucky, Oklahoma, Nebraska, and Illinois.
• ▪The lawsuits filed on August 27, 2026, against Arizona, New Mexico, Oregon, and Washington bring the total number of states sued by the United States Department of Justice over undocumented student tuition benefits to 21.
• ▪Lawsuits filed by the United States Department of Justice over undocumented student tuition benefits remain pending in Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut, and Vermont.
• ▪The United States Department of Justice filed lawsuits on August 27, 2026, against Arizona, New Mexico, Oregon, and Washington to block laws allowing undocumented students to receive in-state tuition.

Undocumented student tuition eligibility

• ▪New Mexico's 2025 law allows non-citizens to qualify for in-state tuition if they attended a state secondary school for at least one year and graduated or received an equivalent credential.
• ▪Washington state law allows non-citizens to qualify for in-state tuition if they live in the state for one year and submit an affidavit promising to apply for permanent residency.
• ▪Oregon's 2013 Tuition Equity Act allows certain state residents who are not United States citizens to pay resident tuition and fees at public universities.
• ▪Under Arizona's voter-approved Proposition 308 from 2022, students qualify for in-state tuition regardless of immigration status if they attended an Arizona high school for at least two years and graduated.

Federal law discrimination claims

• ▪The United States Department of Justice alleges that state laws granting in-state tuition to undocumented students violate federal law by providing benefits to illegal immigrants that are not available to all United States citizens.
• ▪Associate Attorney General Stanley E. Woodward, Jr. stated on August 27, 2026, that the United States Department of Justice's legal efforts will continue until illegal immigrants no longer receive benefits denied to American citizens.
• ▪The United States Department of Justice argues that state laws allowing undocumented students to receive in-state tuition unconstitutionally discriminate against out-of-state students who are United States citizens.

State legal defense efforts

• ▪Oregon Governor Tina Kotek criticized the federal administration's lawsuits, stating she will continue to stand up for young people who grew up and attended school in Oregon.
• ▪Arizona Attorney General Kris Mayes vowed to defend Proposition 308, arguing that the federal lawsuit infringes on state's rights to set educational rules passed by voters.
• ▪Washington Governor Bob Ferguson stated on August 27, 2026, that Washington will not be bullied into changing its educational opportunities and expects to win the lawsuit in court.
• ▪The New Mexico Higher Education Department stated it remains committed to expanding higher education pathways and ensuring reliable, structured pathways to afford college.

In-state versus out-of-state costs

• ▪The largest tuition gap for undocumented students in Arizona is at Arizona State University, where the difference between in-state and out-of-state tuition totals $24,448.
• ▪The United States Department of Justice's lawsuit against Arizona alleges that 432 undocumented students received $10.5 million in reduced tuition benefits at Arizona State University in fall 2025.
• ▪The difference between in-state and out-of-state tuition for the 2026-2027 school year at the University of Washington is $31,054, with residents paying $13,406 and out-of-state students paying $44,460.