The U.S. Department of Justice has taken legal action against New Jersey, disputing state policies that extend in-state tuition rates and some financial aid benefits to illegal immigrants attending public colleges.
The complaint, filed in federal court, targets policies enacted under former governors Chris Christie and Phil Murphy. A 2013 law permits some illegal immigrant students to pay in-state tuition rates, while a 2018 expansion allows eligible individuals to access state-funded financial assistance. To qualify, students must meet residency requirements, including attending a New Jersey high school for several years and showing intent to legalize their immigration status.
Federal officials argue that these measures conflict with federal law by granting benefits to individuals without legal status that are not equally available to all U.S. citizens. Assistant Attorney General Brett Shumate emphasized the administration’s position, stating, “This is a simple matter of federal law: in New Jersey and nationwide, colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens.” He added that the department would not allow American students to be treated as “second-class citizens.”
Associate Attorney General Stanley Woodward also criticized the policies, asserting that they place U.S. citizens at a disadvantage in accessing higher education opportunities. The lawsuit seeks to block enforcement of New Jersey’s tuition and financial aid provisions.
Supporters of the state’s policies argue that eligibility is based on residency rather than immigration status and is intended to expand access to higher education for students who have lived in New Jersey for years. State officials have previously defended the laws as consistent with federal standards and beneficial to long-term residents.
New Jersey officials have indicated they will contest the lawsuit in court, setting up another legal dispute over the balance between state education policy and federal immigration law.
