The Department of Justice has launched a legal challenge against New Jersey policies that grant in-state tuition rates to undocumented immigrants while requiring out-of-state U.S. citizens to pay higher costs.
Associate Attorney General Stanley Woodward criticized the practice in a DOJ press release, highlighting the perceived unfairness to American citizens. “Imagine being denied the opportunity of education in your own country,” Woodward stated, arguing that New Jersey’s policy effectively creates that reality for domestic students.
Supporting the lawsuit, Assistant Attorney General Brett A. Shumate emphasized that the case centers on federal compliance. He noted that under national law, colleges are prohibited from extending benefits to undocumented individuals that are not equally available to all U.S. citizens.
Federal prosecutors are suing New Jersey for offering qualifying noncitizen residents in-state college tuition and state-funded benefits, the latest state the Trump administration has accused of discriminating against out-of-state Americans in its anti-immigration crackdown.… pic.twitter.com/AlxkIX3OWB
— Yahoo News (@YahooNews) May 1, 2026
The Department of Justice continues to push back against state policies that favor undocumented residents over domestic students, asserting that American citizens should never be treated as “second-class citizens” within their own borders.
This legal action against New Jersey follows a string of successful DOJ challenges in Texas, Kentucky, and Oklahoma, where similar tuition policies were dismantled. The department is also actively litigating against Illinois, Minnesota, Virginia, Nebraska, and California on the same grounds.
The Core Legal Argument
The complaint centers on the principle of federal preemption, arguing that New Jersey has spent over a decade ignoring a clear “legislative command” from Congress.
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Federal Mandate: Federal law explicitly states that individuals not lawfully present in the U.S. cannot receive postsecondary benefits based on residency unless those same benefits are available to all U.S. citizens, regardless of which state they live in.
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Discriminatory Impact: The DOJ alleges these statutes “blatantly discriminate” by offering preferential rates to undocumented immigrants while forcing out-of-state American citizens to pay significantly more.
Seeking a Permanent Injunction
The lawsuit targets four specific New Jersey laws and regulations, labeling them both preempted by federal authority and unconstitutional. The DOJ is asking the court to:
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Declare the rules invalid: Formally recognize that the state’s policies conflict with federal law.
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Issue an injunction: Permanently block New Jersey from enforcing any regulation that treats undocumented individuals more favorably than U.S. citizens regarding tuition costs.
DOJ sues New Jersey over laws giving illegal aliens in-state tuition, says citizens treated as ‘second-class’ | Greg Wehner, Fox News
The Department of Justice filed a lawsuit Thursday against New Jersey, challenging state laws that allow illegal aliens to receive in-state… pic.twitter.com/0GM7nwNs85
— Owen Gregorian (@OwenGregorian) May 1, 2026
The foundation of the lawsuit traces back to an April 2025 executive order issued by President Donald Trump. The order asserts that certain programs designed to assist undocumented immigrants inherently violate federal anti-discrimination laws intended to protect American citizens.
Specifically, the directive instructed the Justice Department to terminate any state or local practices that provide “preferential treatment” to non-citizens over Americans. The order explicitly highlighted state laws that grant in-state tuition to undocumented residents while denying those same rates to out-of-state U.S. citizens, labeling such policies as unlawful and preempted by federal authority.