Justice Department Sues New York, Connecticut and Vermont Over Tuition Benefits for Non-Citizens

The U.S. Department of Justice filed lawsuits Monday against New York, Connecticut and Vermont, challenging state laws that provide in-state college tuition and financial assistance to illegal aliens.

The complaints allege the states’ policies conflict with federal law by giving reduced tuition rates, scholarships or other benefits to aliens who are not lawfully present in the United States without providing the same benefits to U.S. citizens from other states.

The Justice Department is asking federal courts to block New York, Connecticut and Vermont from enforcing the disputed tuition and financial-aid policies.

“Congress long ago made clear that States cannot put illegal aliens over our Nation’s own citizens,” Associate Attorney General Stanley Woodward said. “By granting illegal aliens in-state tuition, New York, Vermont, and Connecticut are doing just that.”

Assistant Attorney General Brett A. Shumate said colleges cannot provide benefits to illegal aliens that they do not also provide to U.S. citizens.

The states will have an opportunity to respond to the allegations in court. Filing a complaint does not establish that the challenged laws are unconstitutional or guarantee that the federal government will prevail.

The three cases are part of a broader Trump administration effort targeting state programs that provide tuition discounts and taxpayer-funded financial assistance to illegal aliens. The Justice Department said it has filed 17 lawsuits challenging such policies.

According to the department, cases involving Texas, Kentucky, Oklahoma, Nebraska and Illinois have resulted in orders blocking comparable laws. Challenges involving California, Colorado, Kansas, Maryland, Massachusetts, Minnesota, New Jersey, Rhode Island and Virginia remain pending.

With the latest filings, the Justice Department has now challenged tuition policies in every state within the jurisdiction of the U.S. Court of Appeals for the Second Circuit, which includes New York, Connecticut and Vermont.