U.S. Sues New York, Connecticut, and Vermont Over Aid to Undocumented Immigrants

The U.S. Department of Justice has filed lawsuits against New York, Connecticut, and Vermont, challenging state laws that provide in-state tuition rates and financial aid to undocumented immigrants. The federal agency argues that these state-level provisions unconstitutionally discriminate against U.S. citizens, who are not afforded the same reduced tuition rates or scholarship opportunities.

In its legal filings, the Justice Department contends that these laws create incentives for irregular immigration and reward undocumented foreigners with benefits. The lawsuits seek to block the enforcement of these measures. For instance, New York's law allows undocumented students and other eligible individuals to access state-administered scholarships and grants for university costs, provided they meet certain criteria such as graduating from a state high school and enrolling in a university program within five years of graduation.

Vermont's law permits undocumented students and non-citizens residing in the state to pay in-state tuition rates. It also extends state financial aid based on economic need to all students, regardless of their immigration status. Similarly, Connecticut enacted a law in 2011 allowing undocumented students residing in the state to pay resident tuition rates, with requirements including graduating from a state high school.

These three new lawsuits bring the total number of legal actions initiated by the DOJ to challenge such state laws to 17. The department has previously succeeded in having similar laws blocked in Texas, Kentucky, Oklahoma, Nebraska, and Illinois. Additional legal challenges are ongoing against comparable legislation in Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, and Colorado.