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DOJ Sues New Jersey over Tuition Aid for some Noncitizen Students

The Justice Department says the laws unlawfully favor undocumented residents over U.S. citizens from other states and seeks to block tuition and aid benefits.

  • On Thursday, The Justice Department filed a lawsuit against New Jersey seeking to block state laws granting in-state tuition and financial aid to undocumented students, arguing they discriminate against American citizens from other states.
  • The lawsuit contests a 2013 law signed by Christie offering in-state tuition and a 2018 expansion by Murphy that extended eligibility to state-funded financial assistance and scholarships for qualifying noncitizens.
  • Assistant Attorney General Brett Shumate claimed the laws violate federal requirements, 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 American citizens."
  • The Justice Department has brought nine lawsuits challenging Dream Acts nationwide; cases in Texas, Kentucky, and Oklahoma are resolved, while legal challenges remain pending in Illinois, Minnesota, Virginia, Nebraska, and California.
  • According to the Higher Ed Immigration Portal, 21 states provide in-state tuition to undocumented students; to qualify in New Jersey, students must attend high school for three years, receive a diploma, and file an affidavit seeking legal status.
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Politico broke the news on Thursday, April 30, 2026.
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