NEWARK, N.J. – The U.S. Department of Justice announced Thursday that it has filed a lawsuit challenging New Jersey laws that allow illegal immigrants to receive in-state college tuition rates and certain forms of state financial aid.
Federal officials argue the Garden State’s policies unlawfully discriminate against American citizens from other states, who may be required to pay higher out-of-state tuition rates while illegal students living in New Jersey receive reduced costs and access to assistance programs.
“Imagine being denied the opportunity of education in your own country,” said Associate Attorney General Stanley Woodward in a statement. “By granting illegal aliens in-state tuition, the state of New Jersey is doing just that.”
The lawsuit, filed in the U.S. District Court for the District of New Jersey, names the State of New Jersey along with several education-related agencies and officials, including the Higher Education Student Assistance Authority and Acting Secretary of Higher Education Margo Chaly.
Justice Department attorneys are asking the court to block enforcement of the state laws and require New Jersey to bring its policies into compliance with federal law.
Assistant Attorney General Brett A. Shumate said the issue is straightforward.
“In New Jersey and nationwide, colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Shumate said. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”
New Jersey’s current policies permit students who meet residency requirements to qualify for in-state tuition regardless of immigration status. State law also allows certain illegal students access to financial aid and scholarship opportunities.
Supporters of the laws have argued they help students who grew up in New Jersey pursue higher education and contribute to the state’s economy. Critics, however, contend the benefits unfairly burden taxpayers and create incentives for illegal immigration.
The case marks the ninth lawsuit filed by the Justice Department as part of a broader effort tied to President Donald Trump’s immigration agenda, which seeks to prevent illegal immigrants from receiving taxpayer-funded benefits or preferential treatment. This is also the second lawsuit brought by the Trump Administration against New Jersey this week; on Wednesday, the Department sued Governor Mikie Sherrill and Attorney General Jennifer Davenport over a law prohibiting law enforcement (including ICE) from wearing masks.
According to the DOJ, similar legal challenges in Texas, Kentucky, and Oklahoma resulted in court orders striking down comparable tuition policies. Additional lawsuits remain pending in Illinois, Minnesota, Virginia, Nebraska, and California.
The case is expected to renew debate over immigration policy, higher education access, and whether states can extend benefits to illegal residents beyond what federal law permits.
