DOJ Sues Minnesota Over In-State Tuition for Noncitizens

The U.S. Department of Justice sued Minnesota lawmakers Wednesday over the state’s policy allowing in-state tuition benefits for undocumented students.

The lawsuit names Gov. Tim Walz, Attorney General Keith Ellison and the state’s Office of Higher Education as defendants. It claims Minnesota is violating federal law and discriminating against U.S. citizens by permitting noncitizens who grew up in the state to pay in-state tuition rates. Under the Minnesota Dream Act, signed into law in 2013, undocumented students have to meet various criteria to qualify, including spending three years at and graduating from a Minnesota high school.

The suit also takes issue with the state’s North Star Promise Program, a free college program launched last year for Minnesotans who meet certain requirements, including undocumented students who live in the state.

The lawsuit comes after the Justice Department successfully sued Texas over the same issue earlier in June. Texas swiftly sided with the federal government, and within hours, its two-decade-old law allowing in-state tuition for undocumented students became moot. The DOJ also sued Kentucky politicians over its in-state tuition policy last week. The lawsuits cite President Donald Trump’s May executive order that called for a crackdown on cities and states with laws that benefit undocumented immigrants, including those that offer in-state tuition benefits.

“No state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens,” Attorney General Pamela Bondi said in a news release. “The Department of Justice just won on this exact issue in Texas, and we look forward to taking this fight to Minnesota in order to protect the rights of American citizens first.”