Colorado has become the latest target of the Donald Trump Administration’s campaign against students who are not U.S. citizens or lack permanent resident status. The Department of Justice (DOJ) filed a lawsuit against it on July 23 for allowing undocumented students to access the tuition rates paid by State residents, which are cheaper than those charged to students from other States. This makes 14 lawsuits filed against States that do not discriminate against students based on their immigration status.
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Texas, Kentucky, Oklahoma, Nebraska, Illinois, Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island, and Maryland have received similar complaints in which the DOJ’s argument is always similar. They claim that state laws violate federal legislation by offering undocumented students benefits that are not available to all U.S. citizens.
“Federal law states that ‘an alien who is not lawfully present in the United States shall not be eligible — on the basis of residence in a State — for any postsecondary education benefit unless a citizen or national of the United States is eligible for such benefit… regardless of whether such citizen or national is a resident of that State,” the lawsuit filed against Maryland on July 16 states.
The high fees charged by U.S. universities and colleges have become a difficult barrier for many families, who resort to loans and financial aid to afford their studies. Sometimes, students have no choice but to give up continuing their education after finishing high school. In the case of families with undocumented members, it is more likely that the household’s financial situation is more precarious, as the jobs they have access to provide lower wages.
“Today, the Department of Justice filed a lawsuit to take away an opportunity from Maryland students who grew up here, graduated here, and strive to achieve something more for themselves, their families, and the communities they live in. We are carefully reviewing the lawsuit. We will respond through the courts, as we always do when Maryland laws are challenged, and we will continue fighting for the youth of our State and their future,” responded Maryland Attorney General Anthony Brown in a statement.
Taxes, yes; benefits, no
According to Maryland law, undocumented migrants residing in the State, who graduated from a state high school, have paid state income taxes for at least two years, and apply for permanent resident status within 30 days of meeting the requirements — among other conditions — can benefit from the reduced tuition rate enjoyed by resident citizens.
At the University of Maryland, a public institution, tuition for residents was $12,008 for the 2025-2026 school year, while for other students it was $41,974. This is in addition to housing, food, and study materials. In total, according to the university itself, the annual expense for a student living in Maryland amounts to $32,408, compared to $62,374 that a student residing in another State would pay.
The DOJ lawsuit estimates that Maryland’s legislation saves migrants nine million dollars a year, a saving that, in its opinion, is to the detriment of U.S. citizens.
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“There is this false narrative that immigrants are hoarding resources that should be allocated to Americans. Which is simply not true. Immigrants pay taxes and fund many programs that benefit Americans, but which they themselves cannot access,” points out Corinne Kentor, senior research and policy manager at the President’s Alliance on Higher Education and Immigration, an alliance of nearly 600 college and university presidents focused on higher education and immigration policy.
The attack on the higher education of undocumented students is part of the Trump Administration’s campaign against migrants that, beyond deportations, has opened different fronts, such as eliminating their work permits, access to healthcare and food assistance, and education.
Since 2001, nearly half of the States in the country, in addition to the District of Columbia, have passed some version of a tuition equity policy to facilitate access to in-state rates and, in certain cases, financial aid. Immigration status verification is not conducted in many States, while in others, such as Georgia and South Carolina, students who are not citizens or permanent residents cannot enroll in public higher education institutions.
The battle in the courts has favored States in some cases and the federal Government in others. Federal courts have already overturned similar policies in Texas and Oklahoma, while Kentucky agreed to end its program after being sued. Earlier this year, a federal judge dismissed a similar lawsuit in Minnesota. Legal challenges, however, continue with appeals to rulings that have already been issued.
“The state policies being challenged are not based on residency; therefore, while the claim is accurate regarding federal law on financial aid, it is not so regarding how these policies are structured at the state level. It may involve aspects such as having attended a public high school in the State or having obtained the GED (General Educational Development) or high school diploma in that State. Those are the specific criteria, so this affects not only undocumented students but also many other students,” explains Kentor.
In the latest lawsuit filed, that of Colorado, the attorney general reiterates the thesis that allowing undocumented students to pay the same tuition as U.S. citizens is an injury against the latter, as well as encouraging irregular immigration. Critics of the ban point out that excluding academically qualified students due to their immigration status would eliminate their contribution to their communities, covering crucial labor needs and strengthening the economy.
In Florida, where last year Governor Ron DeSantis already excluded undocumented migrants from in-state student rates, the Board of Education voted on June 30 to restrict their access to public universities starting in the 2027-2028 school year. “This proposal would prevent thousands of undocumented students from accessing higher education and most of them have no support to guide them through this process. Students like me will be forced to leave the institutions and communities we consider our home, delay our studies, or seek entirely new ways to obtain a degree,” said Carlie, a Florida student upon hearing the news.
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