Complaint filed against Hawaiʻi, challenging in-state tuition and financial aid for illegal immigrants

Today, the Department of Justice filed its final four lawsuits against three states and the District of Columbia who it says “seek to undermine federal law by placing illegal aliens over citizens in clear defiance of Congress’s commands.” The Department filed complaints against Hawaiʻi, the District of Columbia, Arkansas, and Utah, challenging their state laws that provide in-state tuition and financial assistance for illegal immigrants.

“Our filings hold that these laws unconstitutionally discriminate against US citizens who are not afforded the same reduced tuition rates or scholarships, create incentives for illegal immigration, and reward illegal aliens with benefits that US citizens are not eligible for, all in direct conflict with federal law,” according to the USDOJ.

These final lawsuits come after the United States District Court for the District of Kansas ruled yesterday that Kansas’ state law allowing in-state tuition for illegal aliens is unconstitutional.

“No more placing illegal aliens over American citizens on this Department of Justice’s watch,” said Associate Attorney General Stanley E. Woodward, Jr. “We have now sued every state across our Nation that has a state law or regulation granting illegal aliens in-state tuition. We look forward to favorable court rulings and will continue to deliver on President Trump’s promise: illegal aliens will not receive benefits denied to American citizens.”

“This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to US citizens,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”

In the complaints, the United States seeks to enjoin enforcement of Hawaiʻi, DC, Arkansas, and Utah laws and regulations that require colleges and universities to provide in-state tuition rates for all immigrants who maintain in-state residency, regardless of whether they are lawfully present in the United States. Additionally, the complaint seeks to enjoin Hawaiʻi, DC, Arkansas, and Utah from enforcing their state laws and regulations that afford financial assistance and scholarships to illegal immigrants.

Today’s lawsuits bring the Department’s total to 25 lawsuits challenging in-state tuition for illegal immigrants. Under the leadership of Acting Attorney General Todd Blanche, six lawsuits in Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas have resulted orders permanently enjoining and declaring unconstitutional similar laws that gave reduced tuition to illegal immigrants, including an order from the Fifth Circuit.

Lawsuits against other states are pending across the across the country in Minnesota, Virginia, California, New Jersey, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut, Vermont, Arizona, New Mexico, Oregon, and Washington.