Justice Department Sues Colorado Over In-State Tuition for Undocumented Immigrants

The Department of Justice sued Colorado on Thursday in federal court over the state's ASSET Act, which provides in-state tuition and financial aid to undocumented immigrants attending public colleges and universities, according to Fox News. The lawsuit names the Colorado Commission on Higher Education, the state Department of Higher Education, and its director JB Holston as defendants.

The DOJ's complaint alleges that the ASSET Act and related state policies violate a federal statute that prohibits states from offering higher education benefits to undocumented immigrants based on residency unless the same benefits are available to all U.S. citizens. The lawsuit charges that by providing lower tuition rates and state-funded scholarships to local undocumented immigrants while denying them to out-of-state citizens, Colorado creates an unconstitutional preference preempted by federal authority.

Associate Attorney General Stanley Woodward stated, per Fox News: "For three decades, Congress has made clear that Colorado cannot give education benefits to illegal aliens that it does not give to all American citizens." Woodward added: "By granting illegal aliens in-state tuition, Colorado is not only violating federal law but subsidizing education for illegal aliens at taxpayers' expense." The DOJ argues that lower tuition incentivizes undocumented immigration and rewards individuals for breaking the nation's laws.

Colorado has progressively expanded access to the in-state tuition benefits in recent years. The state reduced the high school attendance requirement from three years to one year, removed a requirement that students be admitted to college within 12 months of graduating from high school, and repealed a requirement that undocumented immigrant students submit an affidavit stating they had applied for lawful presence or would apply as soon as eligible.

The lawsuit asks the court to declare several Colorado state laws associated with the matter unconstitutional and award court fees. Thursday's lawsuit marks the 14th filed by the Trump administration challenging in-state tuition for undocumented immigrants. Woodward stated: "Our litigation efforts will not cease until we have fulfilled President Trump's promise that illegal aliens will not obtain preferential treatment over our Nation's own citizens."

Fox News reached out to the Colorado Commission on Higher Education, the state Department of Higher Education, Governor Jared Polis's office, and other named defendants for comment, according to the report. No response from Colorado is included in the available sources.