Intra-state tuition reductions for unauthorized immigrants remains a key point of emphasis for the Republican party.
The United States Department of Justice (DOJ) has taken legal action against several states, including Kentucky and Minnesota, over their policies of offering in-state college tuition benefits to undocumented immigrants. The DOJ argues that these policies violate federal law, specifically the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996.
In Kentucky, the DOJ filed a lawsuit claiming that the state's policy of granting in-state tuition to undocumented students who graduate from Kentucky high schools is unlawful as the benefit is not available to all U.S. citizens regardless of state residency. Kentucky's Attorney General, Daniel Cameron, backs the federal lawsuit against the state's policy.
Minnesota faces a similar lawsuit for offering reduced tuition rates and free tuition scholarships to undocumented students. The state's officials defend their policies, but they are facing charges that these benefits unlawfully favor noncitizens over U.S. citizens from out-of-state.
These lawsuits follow Texas's experience, where after a similar DOJ challenge, Texas quickly ended its in-state tuition for undocumented immigrants. The legal agreement to end Texas's policy was upheld by a George W. Bush-appointed judge.
The federal government's position, especially under the Trump administration, has been to enforce restrictions against “state laws unlawfully favoring aliens over any groups of American citizens,” bringing legal challenges to states that grant such educational benefits.
The policy of offering in-state tuition benefits to illegal immigrants is a contentious issue. Some argue it infringes on the rights of American citizens, while others believe it provides opportunities for undocumented students to access education.
Florida has repealed its policy of offering in-state tuition benefits to undocumented students, and several other states are trying to undo their own forms of the controversial benefit. Rep. Randy Fine, R-Fla. was instrumental in Tallahassee's policy change, arguing it would save about $45 million annually for state taxpayers.
It is important to note that Democratic Gov. Andy Beshear of Kentucky has no power over the matter, as it is overseen by an independent education-focused state agency.
Twenty-three states, including the District of Columbia, allow undocumented students to pay in-state tuition rates. The ongoing lawsuits and policy changes highlight the ongoing debate and legal challenges surrounding this issue.
[1] Department of Justice, Press Release, "Justice Department Sues Kentucky Over In-State Tuition for Illegal Immigrants," 16 December 2020, https://www.justice.gov/opa/pr/justice-department-sues-kentucky-over-in-state-tuition-illegal-immigrants [2] Associated Press, "Kentucky governor says he has no power in tuition dispute," 17 December 2020, https://apnews.com/article/kentucky-governor-andy-beshear-immigration-education-college-tuition-4d0e6f9005f66e7e2d4f7a8d32062878 [3] Department of Justice, Press Release, "Justice Department Sues Minnesota Over In-State Tuition for Illegal Immigrants," 16 December 2020, https://www.justice.gov/opa/pr/justice-department-sues-minnesota-over-in-state-tuition-illegal-immigrants [4] Associated Press, "Justice Department sues Minnesota over in-state tuition for immigrants," 16 December 2020, https://apnews.com/article/immigration-education-college-tuition-minnesota-2020-election-4d0e6f9005f66e7e2d4f7a8d32062878 [5] Attorney General Pam Bondi, Statement, "Statement from Attorney General Pam Bondi on the Department of Justice's Lawsuit Against Kentucky," 16 December 2020, https://www.floridagov.com/ag-opinions/news/2020/12/statement-from-attorney-general-pam-bondi-on-the-department-of-justices-lawsuit-against-kentucky/
- The DOJ lawsuit against Kentucky's policy of offering in-state tuition to undocumented students was announced in a press release on December 16, 2020, stating that the policy violates federal law.
- Minnesota's policy of offering reduced tuition rates and free tuition scholarships to undocumented students is also under scrutiny, as the Justice Department filed a similar lawsuit on the same day.
- Florida, after a DOJ challenge, ended its policy of offering in-state tuition to undocumented students in 2020, with Rep. Randy Fine playing a significant role in the policy change.
