Minnesota has recently been drawn into the legal fray with the Trump administration, which is seeking to compel the state to provide the same in-state tuition rates for high school graduates who entered the U.S. illegally as it does for citizens. The lawsuit aims to dismantle a state statute permitting these students to benefit from scholarships through Minnesota’s North Star Promise program, partially or fully covering their college tuition.
The legal action was lodged by the U.S. Department of Justice in a federal court in Minnesota. Among those named as defendants in the suit are Democratic Governor Tim Walz, Democratic State Attorney General Keith Ellison, and the Minnesota Office of Higher Education. This move follows similar suits filed against Kentucky and Texas earlier this month. Just last week, a federal judge impeded a Texas law that allowed reduced tuition fees for students residing illegally in the U.S., a decision backed by the state’s Republican Attorney General, Ken Paxton.
The office of Governor Walz responded to the lawsuit with caution, indicating it is in the process of reviewing the implications for the state.
The Justice Department’s lawsuit contends that Minnesota is blatantly infringing upon a federal regulation, which prohibits states from offering educational benefits to students residing illegally in the U.S. if such advantages are not similarly available to U.S. citizens. Typically, higher tuition fees are assigned to out-of-state students.
In alignment with directives issued by former President Donald Trump in February, federal agencies have been mandated to ensure public benefits are not allocated to immigrants living illegally in the U.S. and to contest state and local protocols perceived as benefiting these individuals over citizens. The lawsuit further claims that President Trump’s executive orders are a means of upholding federal immigration laws, and Minnesota’s policies come across as discriminatory against American citizens.
U.S. Attorney General Pamela Bondi made her stance clear, stating, “No state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens.”
While the lawsuit concerning Minnesota notes the cases in Kentucky and Texas, it doesn’t specify any other states as imminent targets for legal challenges. However, Attorney General Bondi has indicated the potential for more lawsuits. Last year, Florida discontinued its practice of offering tuition breaks to students living there illegally. Yet, as highlighted by the National Immigration Law Center, at least 21 states, along with the University of Michigan system, have enacted laws or policies supporting such students. These include traditionally Democratic states like California and New York, as well as Republican-leaning states such as Kansas and Nebraska. At least 16 states grant scholarships or financial aid to these students.
Proponents of in-state tuition rates for immigrant students argue there is no federal law violation so long as U.S. citizens in analogous situations — namely, being state residents and high school graduates — receive the same tuition benefits. States often impose additional requirements; for instance, Minnesota mandates male students to be registered with the U.S. Selective Service System and obliges all students to pursue legal resident status whenever feasible.
Supporters of these policies argue that many of these young immigrants were brought into the country illegally by their parents at a very young age and become integrated members of their communities, akin to their U.S.-born peers. Furthermore, they assert that these immigrant students frequently demonstrate high academic motivation and achieve notable success.