Today, the United States announced that it is challenging New Jersey laws providing in-state tuition and financial assistance for illegal aliens. These laws unconstitutionally discriminate against U.S. citizens who are not afforded the same reduced tuition rates, scholarships, or subsidies, create incentives for illegal immigration, and reward illegal immigrants with benefits that U.S. citizens are not eligible for, all in direct conflict with federal law.
“Imagine being denied the opportunity of education in your own country,” said Associate Attorney General Stanley Woodward. “By granting illegal aliens in-state tuition, the state of New Jersey is doing just that.”
“This is a simple matter of federal law: in New Jersey and nationwide, colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”
The Department of Justice’s complaint is filed in the District of New Jersey, against the State of New Jersey, the Higher Education Student Assistance Authority, the Acting Secretary of Higher Education Margo Chaly, the Board of Directors of the New Jersey Educational Opportunity Fund, and the New Jersey Commission on Higher Education seeking to enjoin the State from enforcing the unconstitutional New Jersey laws and bring them into compliance with federal requirements.
In the complaint, the United States seeks to enjoin enforcement of New Jersey laws that requires colleges and universities to provide in-state tuition rates for all aliens who maintain New Jersey residency, regardless of whether those aliens are lawfully present in the United States. Additionally, the complaint seeks to enjoin New Jersey from enforcing state laws which afford financial assistance and scholarships to illegal aliens.
This is the 9th lawsuit in a series of actions the department has filed to fulfill President Trump’s commitment to ensure that illegal aliens are not obtaining taxpayer benefits or preferential treatment. These efforts have already delivered wins for the American people, as three similar lawsuits in Texas, Kentucky, and Oklahoma have resulted favorable orders permanently enjoining and declaring unconstitutional analogous laws that gave reduced tuition to illegal aliens. Lawsuits against other states that similarly put illegal aliens ahead of U.S. citizens are pending across the country in Illinois, Minnesota, Virginia, Nebraska, and California.
