New Jersey Sued Over In-State Tuition for Undocumented Students

May 4, 2026
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Andrew Harnik/Getty Images North America

The Trump administration took its nationwide campaign to end in-state tuition for undocumented students to New Jersey last week. 

The Garden State is the ninth to face a lawsuit from the Justice Department over its laws that allow undocumented students pay the in-state tuition rate. As in the other lawsuits, the Justice Department argues that New Jersey’s laws and policies “unconstitutionally discriminate against U.S. citizens who are not afforded the same reduced tuition rates, scholarships, or subsidies,” according to a DOJ news release. 

Several Republican-led states, when sued, quickly moved to scrap their laws and policies. But Democratic-led states have fought the administration, and Minnesota recently won a judgment in its favor. 

The New Jersey state attorney general said the lawsuit is a distraction. 

“We look forward to responding in court, and to returning the focus to ensuring public safety and all the other critical work of our office,” said Michael Symons, a spokesperson for the state attorney general’s office, in a statement to NJ.com.



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