Oregon — The U.S. Department of Justice filed a lawsuit Thursday challenging Oregon laws that allow certain undocumented students to receive in-state tuition rates and state financial assistance.
Similar complaints were filed against Arizona, New Mexico and Washington. The Justice Department said the four states’ policies violate federal law by providing educational benefits to undocumented immigrants that are not offered on the same terms to all U.S. citizens.
The Oregon complaint asks a federal court to block the state from enforcing laws and regulations that provide resident tuition rates to eligible students regardless of their immigration status. It also challenges provisions allowing undocumented students to qualify for financial aid and scholarships.
“By granting illegal aliens in-state tuition, Washington, Oregon, New Mexico, and Arizona are pushing citizens to the side and ignoring federal law,” Associate Attorney General Stanley E. Woodward Jr. said in a statement.
Assistant Attorney General Brett A. Shumate described the dispute as a matter of federal law, arguing that colleges cannot provide benefits to undocumented immigrants that they deny to American citizens.
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The lawsuit represents the Trump administration’s latest challenge to state policies intended to make higher education more accessible to students who lack legal immigration status. Oregon supporters of those policies have argued that students who grew up and attended school in the state should not face substantially higher tuition because of their immigration status.
The Justice Department’s complaint contains allegations that must be resolved in court. Filing the lawsuit does not immediately invalidate Oregon’s programs or establish that they are unconstitutional.
Federal officials said Thursday’s filings bring the number of states facing similar Justice Department challenges to 21. The department reported obtaining favorable orders involving policies in Texas, Kentucky, Oklahoma, Nebraska and Illinois, while lawsuits remain pending against several other states.
In its announcement, the department highlighted enrollment figures from Arizona but did not provide corresponding estimates for how many Oregon students receive reduced tuition or financial assistance under the challenged policies.
The Oregon lawsuit seeks an injunction preventing the state from continuing to enforce the disputed provisions. Oregon officials had not provided a response to the complaint in the information released by the Justice Department.
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It’s about time. Hey, DOJ also look into driver licenses for illegal aliens. And sanctuary city, county, and state officials who have taken an oath to the Constitution and promote sanctuary policies, thus section 3 of the 14th Amendment says “…or hold any office, civil or military, under the United States, or under any state, who having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.” and shall apply and their removal is mandatory.