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The Trump administration’s Justice Department announced Monday its intention to pursue legal action against New York, Connecticut, and Vermont, challenging state laws that extend in-state tuition benefits and other financial aid to undocumented immigrants. Department officials contend the measures violate the Constitution by treating U.S. citizens inequitably and creating incentives for illegal immigration while granting benefits unavailable to American students.
According to court filings, federal lawyers are seeking injunctions to block enforcement of provisions offering financial assistance to immigrants residing in-state regardless of legal status. Assistant Attorney General Brett A. Shumate of the Civil Division emphasized that colleges cannot legally furnish undocumented aliens advantages denied to citizens, calling the matter straightforward under federal statute.
The Justice Department highlighted recent victories in comparable cases across five states—Texas, Kentucky, Oklahoma, Nebraska, and Illinois—where courts have permanently barred and declared unconstitutional analogous tuition policies, including a Fifth Circuit ruling. Attorney General Todd Blanche credited the department’s enforcement efforts with delivering results for American citizens.
Connecticut Attorney General William Tong pushed back forcefully, asserting the state’s sovereign authority over education policy and rejecting federal interference in school administration. Tong, who championed the tuition measure as a legislator when it passed in 2011, vowed to defend the law protecting all eligible Connecticut students’ educational opportunities.
As of Monday, the Justice Department has filed 17 lawsuits targeting tuition policies across multiple states, including Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, and Colorado. A federal judge recently ruled Illinois’ in-state tuition statutes unconstitutional, marking a significant win for the Trump administration following the department’s September 2025 lawsuit filing.
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