The Justice Department sued Arizona, New Mexico, Oregon and Washington Thursday over laws letting students without permanent legal status pay in-state tuition, arguing the statutes illegally favor noncitizens over U.S. citizens. Officials cite an estimate that over 3,600 noncitizens could qualify in Arizona alone, with ASU students reportedly receiving about $10.5 million in reduced tuition last year.
Each state's law was drafted around the same technical loophole — tying eligibility to where a student attended high school rather than current residency — a workaround the DOJ says still violates federal preemption law. The lawsuits bring the total number of states sued over similar statutes to 21, with mixed results so far: wins in Texas, Kentucky, Oklahoma, Nebraska and Illinois, a loss in Minnesota.
Lawsuits against eleven more states remain pending, meaning the federal government's tuition-litigation portfolio is now larger than some state universities' endowments.
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