Federal Challenge to In-State Immigrant Tuition
Justice Department Sues Massachusetts and Rhode Island to Block In-State Tuition for Undocumented Immigrants
Key Points
DOJ highlights a growing trend by noting four states — Texas, Kentucky, Oklahoma and Nebraska — have already had favorable court orders blocking similar in-state tuition laws for unauthorized immigrants.
In Massachusetts, the suit names the state Board of Higher Education and its commissioner Noe Ortega, and targets the Tuition Equity Law that 'went into effect three years ago' in Massachusetts.
The DOJ says related actions are pending in Illinois, Minnesota, Virginia, California, New Jersey and Kansas, signaling a nationwide push beyond the current MA/RI cases.
The Massachusetts and Rhode Island filings are in federal court in Boston and seek to enjoin enforcement of in-state tuition and financial aid for non-citizens, arguing the policies conflict with federal law.
DOJ ties the action to President Trump's pledge that illegal aliens will not receive taxpayer benefits or preferential treatment over U.S. citizens, framing the suits as enforcing that commitment.
The Justice Department sued Massachusetts and Rhode Island on June 29, 2026, to block state laws that let undocumented students pay in-state college tuition rates and get state financial aid, according to Courthouse News Service. The filings, made in federal court in Boston, bring the total number of active DOJ tuition lawsuits to 12 states.
Associate Attorney General Stanley Woodward framed the suits as part of the administration's "America First" agenda. "We will continue to challenge state laws that place aliens over citizens in clear defiance of Congress's commands," Woodward said, according to NewsNation.
What the Lawsuits Actually Argue
The DOJ's core legal argument rests on a 1996 federal law — 8 U.S.C. § 1623 — that bars states from giving undocumented residents a college tuition benefit that out-of-state U.S. citizens cannot also get, according to Boston Herald. In plain terms: if a student from Ohio must pay $44,700 a year at MassArt, an undocumented Massachusetts resident cannot legally pay the in-state rate of $15,860.
States had long argued their laws were legal because they tied eligibility to graduating from a state high school — not to residency. The DOJ calls that a distinction without a difference. Massachusetts named defendants include the state Board of Higher Education and its commissioner, Noe Ortega. The suit targets the Tuition Equity Law that took effect three years ago, as well as the MASSGrant Plus financial aid program, according to Head Topics.
Four States Already Blocked, More Lawsuits Pending
The Massachusetts and Rhode Island cases are not isolated. The DOJ has scored wins in four states already. Texas was sued in June 2025, and a federal judge quickly limited in-state eligibility. A Nebraska federal judge struck down a 20-year-old tuition law on June 3, 2026. Oklahoma's legislature repealed its own law under federal pressure in May 2026. Kentucky also saw its policy blocked, according to Courthouse News Service.
Related cases are still pending in Illinois, Minnesota, Virginia, California, New Jersey, and Kansas, according to NewsNation. California and New Jersey are considered the biggest targets because they give the largest amounts of state aid to non-citizens. In Kansas, a federal judge is weighing a proposed deal where state Attorney General Kris Kobach — breaking with his own state — joined the DOJ to end his state's 2004 tuition law.
Students and Universities Face Real Financial Disruption
If courts block the Massachusetts law, thousands of students could face immediate tuition hikes or be forced to drop out mid-semester. The tuition gap is steep. At MassArt, in-state students pay $15,860 a year. Out-of-state U.S. citizens pay $44,700 — a $28,840 difference. The DOJ says that gap is an illegal subsidy, according to filings cited by Boston Herald.
Higher education experts warn that sudden injunctions create administrative chaos, with students losing funding mid-semester and schools scrambling to adjust aid packages. In Kansas, an estimated 5,100 students used similar benefits between 2010 and 2021. Massachusetts has a larger public university system, so the affected numbers there are expected to be higher, according to Courthouse News Service.
States Push Back, Courts Remain Split
Not every court has sided with the federal government. A Minnesota federal court previously upheld a similar state tuition law, finding that tying eligibility to high school graduation — rather than residency — is a valid legal distinction, according to Courthouse News Service. That ruling gives states a legal foothold to fight back, and Massachusetts officials are expected to contest the suit.
State advocates and universities argue these students are already embedded in state economies. Blocking their access to affordable college, they say, shrinks the state's future tax base and workforce. Assistant Attorney General Brett Shumate rejected that view, calling state tuition equity laws "unconstitutional and un-American" and vowing to "take this fight to any states that fail to put American citizens first," according to TDPEL Media.
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