DOJ sues NYS over in-state college tuition for undocumented students
The U.S. Department of Justice has filed suit against New York, Connecticut and Vermont. Credit: AP/Julia Demaree Nikhinson
The U.S. Department of Justice has filed suit against New York and two other states over in-state college tuition rates and financial aid for students who do not have legal immigration status.
In the federal lawsuits, the Trump administration is seeking to block New York, Connecticut and Vermont from offering scholarships, student loans and discounted tuition rates to students who are undocumented.
The Department of Justice, in the lawsuit filed Monday in New York’s Northern District, said New York’s laws providing in-state tuition and other benefits to state residents who are undocumented “constitute blatant unequal treatment favoring illegal aliens over U.S. citizens” who reside in other states.
“This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Assistant Attorney General Brett A. Shumate said in a statement. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”
New York officials are reviewing the lawsuit, a spokesperson for Gov. Kathy Hochul, Gordon Tepper, said in a statement.
"We are confident New York's statute is lawful and will be upheld. In keeping with the law, the Governor believes all New York high school students deserve the opportunity to pursue higher education in the state," Tepper said.
In some cases, students who have attended New York high schools or equivalent programs can qualify for in-state tuition rates at State University of New York and City University of New York schools and receive financial aid from the state, even if they do not have legal immigration status.
Under the Sen. José Peralta New York State DREAM Act, passed in 2019, students can qualify for state-administered financial aid regardless of their immigration status if they meet certain requirements, such as attending a New York high school or equivalent program for at least two years, earning a diploma and filing an affidavit stating they are seeking to legalize their immigration status. The law was named for the first Dominican American to be elected to the New York Senate, who championed the measure.
A separate law lets students pay in-state tuition rates if they meet similar requirements.
It was not clear Tuesday how many students could be impacted if the federal lawsuit is successful.
At Stony Brook University, next year’s annual tuition will be $7,070 for New York residents and $31,050 for out-of-state residents. At SUNY Old Westbury, the rates are $7,070 and $18,920 for in-state and out-of-state residents, respectively.
Officials at SUNY did not immediately respond to requests for comment Tuesday.
The federal government has now sued 17 states over in-state tuition and other benefits for students who are undocumented. Some states, including Texas, have changed their policies, while other states are fighting the lawsuits.
In Minnesota, a federal judge dismissed a federal lawsuit in March, ruling the federal government did not prove the state was violating federal law. Minnesota grants in-state benefits to students who attend a Minnesota high school for at least three years.
The Department of Justice has appealed the decision.
Maura McDermott covers education. Since joining Newsday in 2012, she also has worked on the investigations team and covered real estate and the business of health care.
