DOJ sues to stop Minnesota law allowing undocumented students to qualify for in-state tuition
The Department of Justice on Wednesday sued to stop Minnesota from providing in-state tuition for some undocumented students, the third time this month that President Donald Trump's administration has pushed to end such a program.
Early in June, the administration scored a victory — in apparent coordination with Texas Gov. Greg Abbott and Attorney General Ken Paxton, both Republicans — when Texas agreed to scrap a state law granting in-state eligibility for certain students without legal status just hours after a federal lawsuit was filed. Last week, the administration launched a similar effort in Kentucky.
But Minnesota will likely fight to defend its program. Minnesota Gov. Tim Walz was former Vice President Kamala Harris' running mate in 2024, and he has been a vocal critic of the second Trump administration.
'No state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens,' Attorney General Pam Bondi said in a statement alongside the complaint. '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.'
Former Gov. Mark Dayton, a Democrat, signed the Minnesota Dream Act into law in 2013, allowing some undocumented Minnesotans to qualify for in-state tuition rates and state financial aid.
Just like in the Texas suit, DOJ argued in its complaint Wednesday that the laws unfairly discriminate against U.S. citizens by offering benefits to undocumented immigrants that are withheld from Americans not living in Minnesota.
'The magnitude of this discrimination against U.S. citizens is substantial,' DOJ wrote. 'The cost of tuition for resident students is significantly lower than for U.S. citizens that are not in-state residents.'
An April executive order signed by Trump directed federal officials to 'identify and take appropriate action' to stop the enforcement of 'laws, regulations, policies, and practices favoring aliens over any groups of American citizens that are unlawful, preempted by Federal law, or otherwise unenforceable' — including state laws that provide in-state tuition rates.
Those named in the complaint include Walz, Minnesota Attorney General Keith Ellison and the Minnesota Office of Higher Education.
Walz's office did not immediately respond to a request for comment. Keith Hovis, director of communications at the Minnesota Office of Higher Education, told POLITICO his office does not comment on pending or active litigation.
Since returning to the White House in January, Trump has cracked down on immigrants attending American colleges, including foreigners looking to obtain visas to attend school. He's sought to stop Harvard from enrolling international students, who comprise some 27 percent of the university's total enrollment, which has since been blocked by a federal court. And the State Department last week directed diplomats to screen the social media activity for all foreign nationals applying for student visas.
Juan Perez Jr. contributed to this report.
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