The U.S. Department of Justice filed a federal lawsuit against Utah on Friday, Sept. 11, challenging a 2002 state law that allows undocumented students to access affordable in-state tuition at public universities. The lawsuit targets the state, the Utah System of Higher Education, and USHE Commissioner Geoffrey Landward, alleging the tuition benefits violate federal law by providing advantages to undocumented residents that are unavailable to U.S. citizens from other states.
Federal Legal Challenges
The legal action, filed in U.S. District Court in Salt Lake City, seeks to end provisions of Utah law that grant resident tuition rates to students who lack legal immigration status. Under the 2002 law, students who have attended a Utah high school for at least three years and graduated are eligible for in-state tuition rates. The federal government argues that this scheme, along with state scholarship and grant programs, creates an unequal treatment that favors undocumented immigrants over American citizens residing in other states.
National Legal Context
The Department of Justice filed similar suits on the same day against Hawaii, Arkansas, and the District of Columbia. This move is part of a broader federal effort to challenge laws in 25 states that offer similar tuition-equity benefits. According to prior reporting by KSL, the lawsuits reflect the administration of President Donald Trump's efforts to crack down on illegal immigration. Associate U.S. Attorney General Stanley E. Woodward, Jr. stated during the announcement that the government will not allow illegal aliens to be placed over American citizens on the Department of Justice's watch.
Tuition Disparities
The financial implications for students are significant. At the University of Utah, in-state tuition and fees for the 2026-2027 academic year are estimated at $10,480. In contrast, non-resident tuition at the same institution is $32,932. A student who loses the in-state waiver could face a tuition bill more than three times higher. The University of Utah noted that while it does not track the migratory status of its students, officials estimate between 200 and 300 undocumented students study on campus based on in-state tuition applications and other engagement.
Scholarship and Grant Challenges
The lawsuit also targets state-funded financial aid, specifically the Utah Promise Program and the Opportunity Scholarship Program. The Department of Justice alleges that these programs allow undocumented students to potentially tap into scholarships and grants based on Utah residency, which the suit claims violates federal provisions regarding postsecondary education benefits. As Fox13 News previously reported, courts in six states—including Texas, Kansas, and Illinois—have already struck down similar tuition-equity laws.
State Education Response
The Utah System of Higher Education (USHE) issued a statement defending its current practices while noting it defers to the state legislature. USHE, which governs the University of Utah, Weber State University, Utah Valley University, Utah State University, and various technical and community colleges, stated it supports students who meet the eligibility requirements established by state law. The organization emphasized that it will continue to administer tuition policy in accordance with legislative direction.
Legislative Background
The legal battle follows recent legislative efforts in Utah to address the issue. During the 2026 session, a House measure intended to end the tuition benefit passed narrowly but failed in the Senate. Opponents of that measure argued that ending the benefit could make college unaffordable for students who have lived most of their lives in Utah. Utah House Speaker Mike Schultz, R-Hooper, stated he looks forward to addressing the issue and making necessary changes during the 2027 General Session.
Advocacy and Next Steps
While Utah Attorney General Derek Brown declined to comment on the litigation through a spokesperson, advocacy groups are expected to respond. Thomas A. Saenz, president of the Mexican American Legal Defense and Educational Fund (MALDEF), called the lawsuits 'unprecedented and unwarranted' in a statement released on Sept. 11. MALDEF and other advocacy groups are expected to petition the U.S. Supreme Court to review the issue in the coming months.
