DOJ Challenges Minnesota's In-State Tuition for Undocumented Students

The U.S. Department of Justice (DOJ) has initiated legal action against Minnesota Governor Tim Walz and other state officials, contesting the state's provision of in-state tuition rates to undocumented immigrants.

 

The lawsuit, filed on June 25, 2025, asserts that Minnesota's policies contravene federal law by offering educational benefits to individuals not lawfully present in the United States, benefits that are unavailable to U.S. citizens from other states.

 

According to the DOJ, federal statutes explicitly prohibit states from granting postsecondary education benefits to undocumented individuals unless the same benefits are extended to all U.S. citizens, irrespective of residency.

 

The complaint highlights that Minnesota's statutes classify certain undocumented residents as eligible for reduced or free tuition at public colleges, while out of state U.S. citizens are required to pay higher tuition rates and are ineligible for such programs.

 

The lawsuit references a recent federal court decision in Texas, where a similar law was deemed in violation of federal regulations.

 

The DOJ emphasizes that Minnesota's practices result in discrimination against U.S. citizens, noting that out-of-state students face significantly higher tuition costs compared to undocumented residents who meet Minnesota's residency criteria.

 

Attorney General Pamela Bondi stated, "No state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens.

 

The Department of Justice just won on this exact issue in Texas, and we look forward to taking this fight to Minnesota in order to protect the rights of American citizens first."

 

In response, a spokesperson for Attorney General Keith Ellison indicated that the state is reviewing the lawsuit and intends to vigorously defend its prerogative to offer affordable tuition to both citizen and non-citizen residents.

 

The outcome of this legal challenge could have significant implications for Minnesota's higher education policies and the broader national discourse on immigration and education rights.

 

FAQ

 

What is the basis of the DOJ's lawsuit against Minnesota?

The DOJ alleges that Minnesota's provision of in-state tuition benefits to undocumented immigrants violates federal law, which prohibits states from offering such benefits to individuals not lawfully present in the U.S. unless the same benefits are available to all U.S. citizens, regardless of residency.

 

How does Minnesota's policy affect out-of-state U.S. citizens?

Under Minnesota's current statutes, out-of-state U.S. citizens are required to pay higher tuition rates and are ineligible for certain tuition programs, while undocumented residents who meet specific residency requirements can access reduced or free tuition at public colleges.

 

What are the potential consequences if the DOJ's lawsuit is successful?

If the DOJ prevails, Minnesota may be required to amend its higher education policies to comply with federal law, potentially revoking in-state tuition benefits for undocumented residents or extending similar benefits to all U.S. citizens, regardless of residency.