MINNEAPOLIS (CN) - The Trump administration filed a federal lawsuit against Minnesota and Governor Tim Walz Wednesday night, challenging several Minnesota state statutes allowing immigrants to qualify for in-state tuition rates and financial aid.
On Wednesday, the U.S. Department of Justice filed a 15-page complaint asking the Minnesota federal court to permanently block the state from enforcing two statutes that allow immigrants to become residents for in-state tuition and make them eligible for the North Star Promise program, a state-funded financial aid program.
While the Minnesota law allows immigrants to become state residents who are eligible for lowered in-state tuition rates that out-of-state students seeking higher education in Minnesota do not have access to, the government says "this discriminatory treatment in favor of aliens not lawfully present in the United States over U.S. citizens is squarely prohibited and preempted by federal law."
President Donald Trump signed two executive orders on the subject, "Ending taxpayer subsidization of open borders" and "Ending taxpayer subsidization of open borders," each ordering departments and agencies to see to it that no taxpayer-funded benefits go to "unqualified aliens."
The executive order echoes federal law which holds that an immigrant who is living illegally in the United States is not eligible on the basis of residence within a state for any postsecondary education benefit unless any citizen is also eligible.
Alongside Walz, the Justice Department names Minnesota Attorney General Keith Ellison and the Minnesota office of Higher Education as defendants.
An immigrant seeking to establish residency in Minnesota for the purposes of in-state tuition or financial aid must meet the same requirements as a U.S. citizen, like attending or graduating from an in-state high school.
There are two additional conditions for those living in the country without permanent status - they must show documentation proving that they have complied with selective registration requirements and that they have filed an application to obtain lawful immigration status.
Students must meet the same requirements to qualify for the North Star Promise Program, which was created by the state Legislature and covers any or all leftover tuition and fees that have not already been covered by other sources.
According to the Justice Department, since neither statute includes a provision for out-of-state students to become residents for these programs, they violate federal law. As remedy, it suggests that state institutions would have to either offer the same tuition for students from any state or apply out-of-state tuition to immigrants regardless of their address.
The Justice Department argues that these statutes are not only discriminatory against U.S. citizens, but they also violate the Supremacy Clause of the United States Constitution, which holds that federal law supersedes state statutes in all cases, rendering this one ineffective.
The Justice Department referenced a recent case in Texas that halted a similar program allowing immigrants to provide an affidavit stating they would apply to become a permanent resident in exchange for residency and in-state tuition rates. In that case, a Texas federal judge sided with the Justice Department just hours after the Trump administration complaint was filed.
"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 Pamela Bondi said in a statement on Wednesday. "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."
Undergraduate tuition and fees at The University of Minnesota-Twin cities during the 2024-2025 school year came out to $17,214 for in-state students and $38,362 for out-of-state students, according to the National Center for Education Statistics.
"The magnitude of this discrimination against U.S. citizens is substantial ... Out-of-state American citizens pay substantially higher tuition than aliens who are not lawfully present in the United States but meet the Minnesota residency requirement," the Justice Department says.
The government claims that in 2022 there were 408,000 "student aliens" enrolled in institutions of higher education in the United States.
This case is the latest in an ongoing battle between the Trump administration and Democrat-run states over immigration enforcement. In early June, Trump took control of the California National Guard in order to activate 2,000 troops to stomp out protests against immigration enforcement in the state.
The administration has also taken aim at so-called sanctuary cities like Chicago, where it has sued to stop the enforcement of state laws and city ordinances that it says violate the supremacy clause by impeding immigration enforcement.
Source: Courthouse News Service
