The Department of Justice filed complaints on June 29 against Massachusetts and Rhode Island, challenging state laws that grant in-state tuition, financial aid, and scholarships to undocumented immigrants.
The two suits push the DOJ's running total in this campaign to 12 states, with three filed in the past week alone.
It also comes as some states are now seeking to ban undocumented students from even enrolling in college at public universities.
Why It Matters
The cases hinge on a single federal statute, 8 U.S.C. § 1623(a), which says an immigrant not lawfully present cannot receive a postsecondary education benefit based on state residency unless that same benefit is available to every U.S. citizen, regardless of which state they live in.
The DOJ's argument is that offering in-state rates to undocumented residents while charging out-of-state citizens more flips that rule on its head. Under the Constitution's Supremacy Clause, the Department says, the state laws are preempted and must yield to federal law.
The Details
In Massachusetts, the target is the 2023 "High School Completers" Tuition Equity Law (House Bill H4040), codified at Mass. Gen. Laws ch. 15A, § 9. It extends in-state tuition plus aid through the Massachusetts Application for State Financial Aid (MASFA) and programs like MASSGrant Plus to students regardless of immigration status.
In Rhode Island, the DOJ is challenging the Student Success Act (§ 16-59-9.3), signed in July 2021, which codified a residency policy in place since 2011 that opened in-state tuition to undocumented and DACA students. The complaint also names the Rhode Island Promise Scholarship, which covers two years of tuition at the Community College of Rhode Island.
Both suits seek to permanently enjoin enforcement and have the laws declared unconstitutional.
The Bigger Picture
The filings are part of a coordinated effort that has already produced results. Courts have permanently enjoined similar laws in Texas, Kentucky, and Oklahoma, and Nebraska entered a consent decree. Suits are pending in Illinois, Minnesota, Virginia, California, New Jersey, and Kansas.
Roughly two dozen states have offered in-state tuition to undocumented students for years, many tracing back to early-2000s laws. The outcome of these cases could reshape access (and cost) for an estimated population of undocumented college students nationwide.
How This Connects
Residency status is one of the biggest levers on a college bill.
The College Investor has reported that out-of-state students often pay two to three times the in-state rate at public universities, a gap that can add tens of thousands of dollars to a four-year degree. These cases turn that pricing line (who counts as "in-state") into a federal constitutional question.
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Editor: Colin Graves
Robert Farrington is the founder of The College Investor and is widely recognized as one of the nation’s leading voices on student loan debt and saving for college. He holds an MBA from UC San Diego Rady School of Management and has spent over 15 years researching, writing, and advising on student loans, 529 plans, financial aid programs, and saving and investing for young professionals.
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