Federal Government Challenges Colorado’s In-State Tuition Policy for Undocumented Immigrants

The U.S. Department of Justice filed a lawsuit Thursday against Colorado in federal court, challenging state policies that extend in-state tuition rates and financial assistance to undocumented immigrants attending public colleges and universities. The suit names the Colorado Commission on Higher Education, the state Department of Higher Education, and director JB Holston as defendants, marking the Trump administration’s fourteenth legal action on this issue.

Associate Attorney General Stanley Woodward said Colorado’s approach violates a three-decade-old congressional mandate preventing states from granting education benefits to undocumented immigrants that are not available to all American citizens. Woodward characterized the policy as subsidizing education with taxpayer dollars while providing preferential treatment to individuals without legal status.

The complaint focuses on Colorado’s ASSET Act and related state measures, arguing they contravene federal statute. According to the Justice Department filing, Colorado reduced high school attendance requirements from three years to one year and eliminated a mandate requiring students to be admitted to college within 12 months of graduation.

The state also eliminated requirements that undocumented students submit affidavits stating they had applied for lawful presence or would do so when eligible. The Justice Department contends that offering lower tuition to in-state undocumented immigrants while denying those rates to out-of-state citizens creates an unconstitutional preference that incentivizes illegal immigration.

The lawsuit seeks a court declaration invalidating the relevant Colorado state laws and requests reimbursement of legal fees. The Justice Department reaffirmed its commitment to preventing undocumented immigrants from receiving taxpayer-funded benefits or preferential treatment.