The Justice Department on Monday filed two lawsuits, one against Massachusetts and one against Rhode Island, challenging state laws that provide in-state tuition rates and, in Massachusetts’ case, state financial aid to certain undocumented immigrants. The complaints, announced by Associate Attorney General Stanley Woodward, argue that the policies violate a 1996 federal immigration statute that prohibits states from offering residency-based tuition benefits to noncitizens “unless a citizen or national of the United States is eligible for such a benefit … without regard to whether the citizen or national is such a resident.”
“The Department of Justice is committed to fulfilling President Trump’s promise that illegal aliens will not receive taxpayer benefits or preferential treatment over America’s own citizens,” Woodward said in a statement. “As our nation marks 250 years of freedom, we will continue to challenge state laws that place aliens over citizens in clear defiance of Congress’ commands.”
Massachusetts has offered in-state tuition eligibility and state financial aid to undocumented immigrants who meet state residency and high school attendance requirements since 2023. Rhode Island has allowed qualifying undocumented immigrants to pay in-state tuition since 2011 and codified the law in 2021.
The lawsuits seek court orders to block enforcement of the laws. The legal action is the latest in a series of Justice Department challenges under President Donald Trump’s broader immigration enforcement agenda. In April 2025, Trump signed an executive order directing the attorney general to identify and stop state policies “favoring aliens over any groups of American citizens,” specifically naming laws that provide in-state tuition to noncitizens but not to out-of-state U.S. citizens.
According to the Justice Department, the federal government has now filed challenges against in-state tuition laws in 12 states. Four lawsuits — against Texas, Kentucky, Oklahoma and Nebraska — have resulted in permanent injunctions blocking the laws. Kansas last week joined the Justice Department in seeking a proposed consent decree, which requires court approval. Remaining challenges are pending against Illinois, Minnesota, Virginia, California, New Jersey, Massachusetts and Rhode Island, all led by Democratic governors.
Proponents of the laws, often referred to as “Dream Act” measures, argue that in-state tuition makes college accessible for undocumented students who grew up in the state, raising educational attainment, income and tax contributions. According to the Higher Ed Immigration Portal, about 20 states and Washington, D.C., provide in-state tuition to undocumented students, and 18 of those plus D.C. also offer state financial aid.
MSI previously reported that a federal judge in Minnesota in March rejected a similar Justice Department challenge, ruling that Minnesota could continue offering in-state tuition and scholarships to undocumented immigrants. That case is among the pending challenges the Justice Department continues to pursue.