DOJ filed complaints against three more states and the District of Columbia

DOJ filed complaints against three more states and the District of Columbia challenging laws and regulations providing in-state tuition and financial aid to resident-students despite being undocumented

On September 10, 2026, The Department of Justice filed complaints against three additional states (Hawaii, Arkansas, and Utah) and the District of Columbia challenging laws which provide in-state tuition to undocumented immigrants, bringing the total number of lawsuits to 25.

In the Department of Justice’s press release announcing the lawsuits, the Trump Administration claimed that such laws "seek to undermine federal law by placing illegal aliens over citizens in clear defiance of Congress’s commands" because they "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."

Six of these lawsuits have resulted in permanent enjoinments prohibiting the laws from being executed, finding that such laws which provide reduced tuition to undocumented students are unconstitutional. Lawsuits in other states are pending.

See our previous posts regarding other similar lawsuits here.