In a bold move, the Justice Department (DOJ) has expanded its legal campaign, targeting four additional states—bringing the total to 21—that it accuses of violating federal law by offering lower college tuition rates to illegal immigrants.
On Thursday, DOJ officials took decisive action against Arizona, New Mexico, Oregon, and Washington. The lawsuits aim to halt these states from providing discounted tuition and other financial advantages to illegal immigrants. Notably, these educational perks are not extended to out-of-state U.S. citizens.
The core argument in these legal documents is consistent across all four states. According to federal statutes, states must not extend education-related benefits to illegal aliens without offering the same opportunities to U.S. citizens from all states. The Justice Department contends that these states have flouted this regulation, with New Mexico allegedly doing so for over twenty years.
Stanley E. Woodward Jr., Associate Attorney General, has been vocal in his criticism of the states, asserting that they prioritize illegal aliens over American citizens.
“More than three decades ago, Congress set a clear expectation: States cannot favor illegal aliens over our nation’s citizens,” Woodward declared. “By offering in-state tuition to illegal aliens, the states of Washington, Oregon, New Mexico, and Arizona sideline citizens and disregard federal law. This practice must end.”
Assistant Attorney General Brett A. Shumate of the Civil Division put it more bluntly. “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.”
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The Arizona complaint puts a dollar figure on it. Citing an investigative report, the DOJ says at least 720 illegal aliens got in-state rates in the fall 2025 semester, including 432 at Arizona State University (ASU). With roughly $24,000 separating resident and nonresident tuition at ASU, the department figures illegal aliens picked up about $10.5 million in reduced tuition at that one school. The same report estimated more than 3,600 a year could qualify going forward.
Washington goes further than the rest. The state runs a loan program built specifically for illegal aliens who meet its residency rules, with the stated goal of matching what citizens receive through federal loans. Americans from other states cannot apply.
The campaign traces back to an executive order Trump signed in April 2025 telling the attorney general to shut down state laws favoring aliens over citizens. The DOJ has worked through the map since, suing Virginia in December.
Thursday’s filings bring the total to 21 states sued, coming weeks after the department went after New York, Connecticut, and Vermont. Five states have already seen their laws struck down, including Texas, Nebraska, and Illinois.
Not every case has gone the DOJ’s way. A federal judge in Minnesota threw out the department’s suit in March, ruling the federal statute does not override the state’s tuition rules.
The department’s posts drew a wave of replies backing the suits.