The Justice Department Files Complaint Challenging Minnesota Laws Providing In-State Tuition Benefits for Illegal Aliens

Today the United States is challenging laws in Minnesota that provide reduced in-state tuition — and in some cases, free tuition — for illegal aliens. These laws unconstitutionally discriminate against U.S. citizens, who are not afforded the same privileges, in direct conflict with federal law. The Department of Justice has filed the complaint in the District of Minnesota. This challenge builds upon a recently successful lawsuit against the state of Texas on a similar law.

“No state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens,” said Attorney General Pamela Bondi. “The Department of Justice just won on this exact issue in Texas, and we look forward to taking this fight to Minnesota in order to protect the rights of American citizens first.”

In the complaint, the United States seeks to enjoin enforcement of Minnesota laws that require public colleges and universities to provide in-state tuition rates (and free tuition under certain circumstances, including if they meet a certain income threshold) for illegal aliens who maintain state residency, regardless of whether those aliens are lawfully present in the United States. Federal law prohibits institutions of higher education from providing postsecondary education benefits to aliens that are not offered to U.S. citizens. These laws blatantly conflict with federal law and thus are unconstitutional under the Supremacy Clause of the U.S. Constitution.

This lawsuit follows two executive orders recently signed by President Trump that seek to ensure illegal aliens are not obtaining taxpayer benefits or preferential treatment.

Read the complaint here.