Justice Department files Dream Act tuition lawsuits against four states

Lawsuits cite 1996 federal statute on in-state tuition eligibility

The Justice Department filed the four lawsuits individually on Thursday, targeting state Dream Act tuition policies in Arizona, New Mexico, Oregon and Washington.

Associate Attorney General Stanley Woodward Jr. said in a statement: “By granting illegal aliens in-state tuition, Washington, Oregon, New Mexico and Arizona are pushing citizens to the side and ignoring federal law. No more.” He added: “Our efforts will not cease until President Trump’s promise is fulfilled: illegal aliens will not receive benefits denied to American citizens.”

The lawsuits contend the state laws conflict with a 1996 federal statute that prohibits states from offering in-state tuition to individuals not lawfully present in the United States unless the same benefit is available to all U.S. citizens regardless of where they reside. The administration is asking the courts to issue injunctions preventing the four states from enforcing their Dream Act provisions, which require colleges and universities to offer in-state tuition rates and financial aid to certain noncitizen students.

The legal campaign traces back to an April 2025 executive order signed by President Trump, which directed the attorney general to identify and halt enforcement of policies that provide benefits to undocumented immigrants that are denied to American citizens, with Dream Act tuition laws highlighted specifically.

Washington Gov. Bob Ferguson said the state intends to contest the lawsuit. “Washington State won’t be bullied into changing how we provide opportunities for young people in our state,” he said in a statement. “We’ll see them in court, and we expect to win.”

The filing brings the total number of DOJ lawsuits challenging state Dream Act tuition provisions to 21. Five states have already been enjoined from enforcing their laws, while the remaining cases continue to be litigated.

Proponents of the state laws argue that the provisions make postsecondary education accessible to students who would otherwise have no opportunity to attend college, while also reducing high school dropout rates and increasing student incomes and tax contributions.