The Department of Justice filed a federal lawsuit Thursday against New Jersey, challenging state laws that provide in-state tuition rates and financial aid to illegal immigrants while denying the same benefits to some American citizens living out of state.

Federal Challenge to State Education Policy

The lawsuit targets New Jersey state officials and higher education agencies over policies that grant reduced tuition rates to students regardless of immigration status. Under current state law, students meeting residency requirements can qualify for in-state tuition at public colleges even if they entered the United States illegally. The state also provides access to financial aid and scholarships for certain illegal immigrant students, creating what federal officials describe as discriminatory treatment against American citizens.

Assistant Attorney General Brett A. Shumate emphasized the constitutional concerns. “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 stated. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.” Associate Attorney General Stanley Woodward added that the policies unfairly disadvantage American students seeking higher education opportunities.

Ninth Lawsuit in Federal Campaign

The New Jersey action represents the ninth lawsuit filed by the Trump administration challenging state policies that extend taxpayer-funded benefits to illegal immigrants. Federal courts have already ruled against similar laws in Texas, Kentucky, and Oklahoma, blocking comparable tuition programs. Additional cases remain pending in Illinois, Minnesota, and California. The coordinated legal campaign reflects broader administration efforts to enforce federal immigration law and limit state-level benefits for individuals in the country illegally.

Policy Defenders Cite Residency Standards

Supporters of the New Jersey policy argue that in-state tuition eligibility depends on residency requirements rather than immigration status. They maintain the approach expands educational access for students who have lived in New Jersey for years, attending local schools and contributing to communities. The case now moves forward in the U.S. District Court for the District of New Jersey, where federal judges will determine whether state education benefits laws conflict with federal immigration statutes. Democratic Governor Mikie Sherrill’s office has not yet commented on the lawsuit.