Press Release
The Department of Justice Files Complaints Against Hawaii, DC, Arkansas, and Utah Over Preferential Treatment for Illegal Aliens
Thursday, September 10, 2026
For Immediate Release
Office of Public Affairs
The Department has now challenged every state with laws that provide in-state tuition to illegal aliens, bringing the number of lawsuits to 25
Today, the Department of Justice filed its final four lawsuits against three states and the District of Columbia who seek to undermine federal law by placing illegal aliens over citizens in clear defiance of Congress’s commands. The Department filed complaints against Hawaii, the District of Columbia, Arkansas, and Utah, challenging their state laws that provide in-state tuition and financial assistance for illegal aliens.Our filings hold that these laws unconstitutionally discriminate against U.S. citizens who are not afforded the same reduced tuition rates or scholarships, create incentives for illegal immigration, and reward illegal aliens with benefits that U.S. citizens are not eligible for, all in direct conflict with federal law. These final lawsuits come after the United States District Court for the District of Kansas ruled yesterday that Kansas’ state law allowing in-state tuition for illegal aliens is unconstitutional.“No more placing illegal aliens over American citizens on this Department of Justice’s watch,” said Associate Attorney General Stanley E. Woodward, Jr. “We have now sued every state across our Nation that has a state law or regulation granting illegal aliens in-state tuition. We look forward to favorable court rulings and will continue to deliver on President Trump’s promise: illegal aliens will not receive benefits denied to American citizens.”“This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”In the complaints, the United States seeks to enjoin enforcement of Hawaii, DC, Arkansas, and Utah laws and regulations that require colleges and universities to provide in-state tuition rates for all aliens who maintain in-state residency, regardless of whether those aliens are lawfully present in the United States. Additionally, the complaint seeks to enjoin Hawaii, DC, Arkansas, and Utah from enforcing their state laws and regulations that afford financial assistance and scholarships to illegal aliens.Today’s lawsuits bring the Department’s total to 25 lawsuits challenging in-state tuition for illegal aliens. Under the leadership of Acting Attorney General Todd Blanche, the Department’s efforts have already delivered wins for the American people, as six lawsuits in Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas have resulted favorable orders permanently enjoining and declaring unconstitutional similar laws that gave reduced tuition to illegal aliens, including an order from the Fifth Circuit.Lawsuits against other states whose state laws similarly put illegal aliens ahead of U.S. citizens are pending across the across the country in Minnesota, Virginia, California, New Jersey, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut, Vermont, Arizona, New Mexico, Oregon, and Washington.
Updated September 10, 2026
Components
Civil Division
Office of the Associate Attorney General
Press Release Number: 26-1039
