The Department of Justice filed a federal lawsuit against New Jersey Thursday, challenging state laws that grant illegal immigrants access to in-state tuition rates and financial aid while American citizens from other states pay full price. The administration argues these policies discriminate against U.S. citizens in their own country.

Federal Action Against State Policy

The lawsuit targets New Jersey officials and several higher education agencies, seeking to block enforcement of laws allowing students to receive reduced tuition regardless of immigration status. Under current state law, illegal immigrants who meet residency requirements qualify for the same in-state rates as legal residents, while American citizens from neighboring states face significantly higher costs. The DOJ argues this creates a two-tiered system that punishes lawful citizens.

Assistant Attorney General Brett A. Shumate emphasized the constitutional concerns. The Justice Department will not tolerate American students being treated like second-class citizens in their own country, he stated. Associate Attorney General Stanley Woodward framed the issue in stark terms, asking Americans to imagine being denied educational opportunities in their own nation while illegal immigrants receive preferential treatment.

Nationwide Legal Campaign

This marks the ninth lawsuit filed by the Trump administration challenging state policies that provide benefits to illegal immigrants. Similar legal actions in Texas, Kentucky, and Oklahoma have successfully blocked comparable laws, while cases in Illinois, Minnesota, and California remain pending. The coordinated effort represents a comprehensive strategy to eliminate what federal officials view as unlawful advantages granted to those in the country illegally.

The Constitutional Question

Supporters of New Jersey’s policy maintain that in-state tuition eligibility is based on residency duration, not immigration status, and helps students who have lived in the state for years. However, the federal government argues these distinctions violate existing law by providing benefits to illegal aliens that exceed those available to American citizens. The case now proceeds in the U.S. District Court for the District of New Jersey, where a judge will determine whether state residency requirements can supersede federal immigration law. Democratic Governor Mikie Sherrill has not yet commented on the lawsuit.