DOJ sues Colorado over in-state tuition for undocumented students, escalating federal preemption fight
The Justice Department is suing Colorado for offering in-state tuition and state financial aid to undocumented immigrants, arguing that federal immigration law preempts state benefits—a direct legal attack on inclusive state policies and a potential test of state sovereignty under the Trump administration.
The Justice Department has filed a lawsuit against Colorado challenging the state's policy of granting in-state tuition and state-funded financial aid to undocumented immigrant students. This action directly targets Colorado's 2013 law—commonly known as the ASSET bill (SB 13-033), which allowed undocumented students who attended Colorado high schools for at least three years to pay resident tuition rates, and subsequent expansions of state financial aid eligibility. The DOJ claims that 8 U.S.C. § 1623, which bars states from offering certain benefits based on a noncitizen's residency status without federal authorization, does not allow Colorado's policy. The lawsuit seeks to invalidate the state law and could force undocumented students to pay out-of-state tuition—a cost typically 2-3 times higher—effectively pricing many out of higher education. This is not a one-off enforcement action but a deliberate escalation in the administration's campaign against 'sanctuary' policies. The DOJ is using a preemption argument to override states' traditional authority over public education and residency determinations for tuition purposes. If successful, the lawsuit would not only harm Colorado's ~10,000 undocumented students (per state estimates) but also set a precedent to dismantle similar laws in at least 23 other states and D.C. that provide in-state tuition or aid to undocumented students. The move is part of a broader pattern under Project 2025 to federalize immigration enforcement and restrict state-level protections for immigrant communities, using civil rights lawsuits as a cudgel.
The humanitarian alternative
Congress should pass the DREAM Act or similar legislation to provide a path to lawful permanent residence for undocumented youth who entered the U.S. as children and graduated from U.S. high schools. In the meantime, the Biden administration should affirm states' authority under the 10th Amendment to set residency criteria for in-state tuition, as long as those criteria do not conflict with immigration status determinations. The Department of Education should also clarify that undocumented students are eligible for federal student aid under the Higher Education Act, removing confusion and ensuring equal access to higher education regardless of immigration status.
Falsifiable predictions
What this entry claims will happen, and what data would prove it wrong. The Reckoner revisits these against current reality.
- The DOJ lawsuit will result in a preliminary injunction blocking Colorado's in-state tuition policy within 90 days.
- At least five other states with similar policies will face DOJ lawsuits within six months of this filing.
Original source — excerpted
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