On Monday, August 11, 2026, the Department of Justice (DOJ) under the Trump administration announced plans to sue New York, Connecticut, and Vermont. The lawsuits target state laws that offer in-state tuition rates and other financial incentives to illegal immigrants.

According to the DOJ, these laws "unconstitutionally discriminate against U.S. citizens who are not afforded the same reduced tuition rates or scholarships, create incentives for illegal immigration, and reward illegal aliens with benefits that U.S. citizens are not eligible for, all in direct conflict with federal law."

The legal complaints seek to block enforcement of laws providing financial assistance or in-state tuition to immigrants who maintain residency, regardless of their lawful presence.

Assistant Attorney General Brett A. Shumate of the DOJ's Civil Division stated, "This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens."

The DOJ highlighted prior successes under Attorney General Todd Blanche, noting that similar lawsuits in Texas, Kentucky, Oklahoma, Nebraska, and Illinois have resulted in favorable rulings that permanently enjoin and declare unconstitutional laws granting reduced tuition to illegal immigrants. Notably, last month a federal judge ruled Illinois' in-state tuition policies—the RISE Act and the Illinois DREAM Act—"unconstitutional and invalid." The DOJ originally sued Illinois in September 2025.

Connecticut Attorney General William Tong publicly opposed the DOJ's lawsuit against his state, emphasizing state sovereignty over education policies.

The Trump DOJ has filed lawsuits against a total of 17 states concerning in-state tuition laws for illegal immigrants.

Sources