The Justice Department is escalating its legal assault on state tuition policies that favor illegal aliens, filing lawsuits Thursday against Arizona, New Mexico, Oregon, and Washington. The new complaints bring to 21 the number of states the DOJ has sued over the issue, according to court filings and agency statements.
In each case, federal attorneys are asking courts to block the states from offering reduced tuition rates, scholarships, or financial aid to illegal aliens—benefits they say are denied to American citizens who reside in other states. The DOJ argues the practice violates federal law, which prohibits states from granting higher-education benefits to illegal aliens on the basis of residency unless U.S. citizens receive the same treatment regardless of their home state.
Associate Attorney General Stanley E. Woodward Jr. framed the suits as a defense of American students. “Over 30 years ago, Congress made clear that States cannot put illegal aliens before our Nation’s own citizens,” Woodward said in a statement. “By granting illegal aliens in-state tuition, Washington, Oregon, New Mexico, and Arizona are pushing citizens to the side and ignoring federal law. No more.”
Assistant Attorney General Brett A. Shumate, who leads the Civil Division, was more blunt. “This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Shumate said. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”
A $10.5 Million Price Tag at One University
The complaint against Arizona puts a specific dollar figure on the alleged discrimination. Citing an investigative report, the DOJ says at least 720 illegal aliens received in-state tuition rates during the fall 2025 semester, including 432 at Arizona State University (ASU). With resident and nonresident tuition at ASU differing by roughly $24,000 per year, the department calculates that illegal aliens received about $10.5 million in reduced tuition at that single institution. The same report estimated that more than 3,600 illegal aliens could qualify for such benefits annually going forward.
Washington’s case stands out because the state has gone further than the others. According to the DOJ, Washington operates a loan program created specifically for illegal aliens who meet its residency rules, with the stated goal of matching what U.S. citizens receive through federal loans. American citizens from other states cannot apply for the program, the department said.
An Expanding Campaign Rooted in a Trump Executive Order
The legal offensive traces back to an executive order signed by President Donald Trump in April 2025, which directed the attorney general to take action against state laws that favor illegal aliens over citizens. Since then, the DOJ has worked its way across the country, suing Virginia in December and, in recent weeks, targeting New York, Connecticut, and Vermont. Thursday’s filings add four more states to that list.
The push has already yielded partial victories. Five states—including Texas, Nebraska, and Illinois—have seen their tuition laws struck down by courts. But not every case has gone the DOJ’s way. A federal judge in Minnesota dismissed the department’s suit in March, ruling that the federal statute does not override the state’s tuition rules.
The DOJ’s announcements drew a wave of supportive responses online, with many commenters backing the suits. The department did not respond to requests for further comment beyond its official statements.
The new lawsuits are likely to reignite a broader debate over immigration policy and higher education, with critics of the DOJ’s approach arguing that states should have the flexibility to set their own tuition policies. But for now, the department is pressing forward, and the legal battle is far from over.
Source: www.breitbart.com — https://www.breitbart.com/immigration/2026/08/27/doj-sues-arizona-new-mexico-oregon-washington-instate-tuition-illegal-aliens/