DOJ Sues New Jersey Over In-State Tuition for Illegal Aliens

The Department of Justice (DOJ) filed a lawsuit Thursday against New Jersey, challenging state laws that provide in-state tuition and financial aid to undocumented immigrants. The DOJ argues these laws discriminate against U.S. Citizens and violate federal law.

According to a press release from the DOJ, the New Jersey laws “unconstitutionally discriminate against U.S. Citizens who are not afforded the same reduced tuition rates, scholarships, or subsidies, create incentives for illegal immigration, and reward illegal immigrants with benefits that U.S. Citizens are not eligible for, all in direct conflict with federal law.”

“Imagine being denied the opportunity of education in your own country,” said Associate Attorney General Stanley Woodward. “By granting illegal aliens in-state tuition, the state of New Jersey is doing just that.”

Associate Attorney General Stanley Woodward

Assistant Attorney General Brett A. Shumate of the DOJ’s Civil Division echoed this sentiment, stating, “This is a simple matter of federal law: in New Jersey and nationwide, colleges cannot provide benefits to illegal aliens that they do not provide to U.S. Citizens.” Shumate added that the DOJ “will not tolerate American students being treated like second-class citizens in their own country.”

Legal Challenge Details

The lawsuit, filed in the District of New Jersey, names the State of New Jersey, the Higher Education Student Assistance Authority, Acting Secretary of Higher Education Margo Chaly, the Board of Directors of the New Jersey Educational Opportunity Fund, and the New Jersey Commission on Higher Education as defendants. The DOJ is seeking to enjoin the state from enforcing the laws and to bring them into compliance with federal requirements.

Under current New Jersey law, students meeting residency requirements can qualify for in-state tuition at public colleges regardless of their immigration status. The state also permits certain undocumented students to access financial aid and scholarships.

“This is a simple matter of federal law: In New Jersey and nationwide, colleges cannot provide benefits to illegal aliens that they do not provide to U.S. Citizens,”

Assistant Attorney General Brett A. Shumate

Woodward argued that the policies place American students at a disadvantage, questioning, “Imagine being denied the opportunity of education in your own country.”

Background

This legal action represents a continuation of the federal government’s efforts to restrict benefits for undocumented immigrants. The DOJ’s challenge to New Jersey’s laws underscores a broader debate about access to higher education and the rights of undocumented students.