DOJ sues Connecticut, New York and Vermont over in-state tuition for undocumented students

Aug 10, 2026

The U.S. Department of Justice has sued Connecticut, New York, and Vermont over policies granting in-state tuition and financial aid to undocumented students. The DOJ argues these policies violate the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and unconstitutionally discriminate against out-of-state U.S. citizens. Driven by President Trump's 2025 executive orders, these filings bring the total number of states sued by the federal government over such policies to 17.

DOJ state tuition lawsuits

▪With the lawsuits against Connecticut, New York, and Vermont, the U.S. Department of Justice has sued a total of 17 states over policies providing in-state tuition or educational benefits to undocumented immigrants.
▪The U.S. Department of Justice has pending lawsuits regarding in-state tuition for undocumented students against Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, and Colorado.
▪The U.S. Department of Justice filed lawsuits against Connecticut, New York, and Vermont on August 10, 2026, challenging their policies that allow undocumented students to receive in-state tuition.
▪The U.S. Department of Justice has won similar lawsuits in Texas, Kentucky, Oklahoma, Nebraska, and Illinois, resulting in the termination or blocking of their in-state tuition policies for undocumented students.

Federal law violations alleged

▪The U.S. Department of Justice argues that state policies offering in-state tuition to undocumented immigrants violate the federal Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
▪The U.S. Department of Justice argues that New York's provision of state-administered grants and scholarships to undocumented students violates federal welfare law, specifically the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
▪The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 prohibits states from providing postsecondary education benefits to undocumented immigrants based on residency unless out-of-state U.S. citizens receive the same benefits.

Constitutional discrimination claims

▪The U.S. Department of Justice claims that offering discounted in-state tuition to undocumented immigrants unconstitutionally discriminates against out-of-state U.S. citizens who must pay higher out-of-state rates.
▪The U.S. Department of Justice argues that state policies providing in-state tuition to undocumented immigrants violate the Supremacy Clause of the U.S. Constitution by conflicting with federal statutes.

Trump immigration enforcement actions

▪The lawsuits against Connecticut, New York, and Vermont are part of a broader effort by the Trump administration to tighten immigration enforcement and eliminate policies favoring undocumented immigrants.
▪The federal lawsuits are driven by President Trump's 2025 executive orders, Executive Order 14218 ('Ending Taxpayer Subsidization of Open Borders') and Executive Order 14287 ('Protecting American Communities from Criminal Aliens').

State legal responses

▪New York's José Peralta DREAM Act, passed in 2019, connects eligible undocumented students to state-administered grants and scholarships using local tax revenue.
▪The Office of New York State Attorney General Letitia James stated on August 11, 2026, that state officials had not yet seen the lawsuit because the filed copy was not yet public.
▪Emma Wallner, a spokeswoman for New York Governor Kathy Hochul, stated that the state is reviewing the lawsuit but is confident its policies will be upheld.

In-state tuition cost differences

▪In New York, undocumented students who graduated from a state high school pay $7,700 annually at State University of New York campuses, compared to approximately $17,730 charged to out-of-state U.S. citizens.
▪The state of Vermont allows residents to receive state-funded financial aid and prohibits the University of Vermont from discriminating based on immigration status when determining in-state tuition eligibility.