DOJ sues 4 states that allow some noncitizen residents to qualify for in-state tuition at universities

The Justice Department filed lawsuits seeking to block laws in four states that allow some state residents without U.S. citizenship to qualify for in-state tuition and financial aid at state colleges and universities.

The DOJ filed suits against Arizona, New Mexico, Oregon and Washington, alleging the states "unconstitutionally discriminate against U.S. citizens who are not afforded the same reduced tuition rates or scholarships, create incentives for illegal immigration, and reward illegal aliens with benefits that U.S. citizens are not eligible for," the department said in a statement Thursday. The department also claimed the laws discriminate against out-of-state students who are citizens.

"As of today, we have now sued 21 states who we allege were thwarting Congress's clear prohibition on placing aliens over citizens. Our efforts will not cease until President Trump's promise is fulfilled: illegal aliens will not receive benefits denied to American citizens," Associate Attorney General Stanley E. Woodward, Jr., said in a statement announcing the lawsuits.

"This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens," Assistant Attorney General Brett A. Shumate of the Justice Department's Civil Division said in a statement on Thursday. "This Department of Justice will not tolerate American students being treated like second-class citizens in their own country."

Arizona, Oregon and Washington have vowed to fight the lawsuits in court. New Mexico's governor's office did not immediately respond to ABC News' request for comment.

The Justice Department is seeking to block the laws, regardless of whether the residents are in the U.S. legally and argues that the state laws conflict with federal immigration laws.

States vow to fight the lawsuits

In Arizona, the Justice Department targeted Proposition 308, a 2022 voter-approved law that allows Arizona high school graduates to qualify for in-state tuition at Arizona's public universities and community colleges regardless of their immigration status, according to state law and the attorney general's office.

To qualify, the student must have attended an Arizona high school for at least two years and graduated from an Arizona high school or received an equivalent credential in the state, according to the state's attorney general.

Arizona Attorney General Kris Mayes vowed to fight the lawsuit, claiming the government's complaint rests on a "faulty premise."

"The federal government has now sued 21 states for letting Dreamers who attended school in places like Arizona be able to afford a college education at our state's community colleges and universities," Mayes said in a statement. "Fundamentally, this is about state's rights and I will vigorously defend Arizona's right to set its own rules, especially ones that are passed by voters themselves."

In New Mexico, a 2025 law allows some state residents to qualify for in-state tuition and state-funded financial aid regardless of their immigration status, according to the statute.

Non-citizens who qualify include those who have attended a secondary educational institution in New Mexico for at least one year and either graduated from a New Mexico high school or received a high school equivalency credential in New Mexico, according to the law.

The law went into effect in July 2025.

New Mexico's governor's office directed ABC News to its Higher Education Department, which said it had not yet received the official lawsuit as of Thursday but is aware the suit has been announced.

"As we continue to review the information, we remain focused on our long‑standing commitment to expanding higher education pathways for New Mexicans. Our colleges and universities play a vital role in strengthening the state's workforce, building talent pipelines, and ensuring that students have access to opportunities that support both individual and statewide success," the department said.

"We are committed to ensuring that New Mexicans have reliable, structured pathways to afford and access higher education. We will continue to uphold our mission of supporting students, strengthening our workforce, and advancing educational opportunity across the state," the department said.

In Oregon, a 2013 law called the Tuition Equity Act allows some students who are residents of the state but not U.S. citizens to pay resident tuition and fees at public universities, according to state law.

Oregon Gov. Tina Kotek said young people who grew up in Oregon, go to Oregon schools, and graduate from Oregon high schools "are part of our communities and part of our future," in a statement to ABC News about the suit.

"I will continue to stand up for their opportunity to pursue an education and build a life here. Rather than focus on affordability and reduce costs for Oregon families, the federal administration seems determined to attack state laws that have been successful for a decade," Kotek said.

In Washington, non-citizens can qualify for in-state tuition after living in the state for at least one year before entering an institution of higher education and if they provide an affidavit indicating they will file an application to become a permanent resident and a willingness to engage in other activities necessary to acquire citizenship, according to state law.

"Washington state won't be bullied into changing how we provide opportunities for young people in our state. We'll see them in court, and we expect to win," Gov. Bob Ferguson said in a statement to ABC News.