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Today, the Department of Justice’s Civil Division filed complaints against Massachusetts and Rhode Island to challenge state laws that provide in-state tuition and financial assistance to illegal aliens. 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.
“The Department of Justice is committed to fulfilling President Trump’s promise that illegal aliens will not receive taxpayer benefits or preferential treatment over America’s own citizens,” said Associate Attorney General Stanley Woodward. “As our Nation marks 250 years of freedom, we will continue to challenge state laws that place aliens over citizens in clear defiance of Congress’s commands.
“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 federal government seeks to enjoin enforcement of Massachusetts and Rhode Island laws 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 Massachusetts and Rhode Island from enforcing state laws that afford financial assistance and scholarships to illegal aliens.
Today’s filings mark three lawsuits in the past week challenging in-state tuition for illegal aliens, bringing the Department’s total in this series of actions to 12.
The Department’s efforts have already delivered several victories for the American people, as four similar lawsuits in Texas, Kentucky, Oklahoma, and Nebraska have resulted in favorable orders permanently enjoining and declaring unconstitutional analogous laws that gave reduced tuition to illegal aliens. Lawsuits against other states that similarly place illegal aliens ahead of U.S. citizens are pending across the country in Illinois, Minnesota, Virginia, California, New Jersey, and Kansas.
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