DOJ sues New Jersey over laws giving illegal aliens in-state tuition, says citizens treated as ‘second-class’

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The Department of Justice filed a lawsuit Thursday against New Jersey, challenging state laws that allow illegal aliens to receive in-state tuition and financial aid, arguing the policies discriminate against U.S. citizens.

The lawsuit, filed in federal court, targets the state, several higher education agencies and officials, and is seeking to block enforcement of laws that provide reduced tuition rates and financial assistance to students regardless of their immigration status.

DOJ officials argue the policies violate federal law by offering benefits to illegal immigrants that are not equally available to all U.S. citizens.

“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,” Assistant Attorney General Brett A. Shumate said. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”

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New Jersey Democrat Gov. Mikie Sherrill speaking at a podium with an American flag in the background.

Under current New Jersey law, students who meet residency requirements can qualify for in-state tuition at public colleges regardless of whether they are in the U.S. legally. The state also allows certain illegal immigrant students to access financial aid and scholarships.

Associate Attorney General Stanley Woodward said the policies unfairly put American students at a disadvantage.

“Imagine being denied the opportunity of education in your own country,” Woodward said. “By granting illegal aliens in-state tuition, the state of New Jersey is doing just that.”

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Buildings and walkways on the Rutgers University campus in New Jersey.

The lawsuit is the latest in a broader effort by President Donald Trump’s administration to challenge state policies that provide benefits to illegal immigrants.

According to the DOJ, it marks the ninth such legal action filed as part of that initiative.

Similar lawsuits in Texas, Kentucky and Oklahoma have resulted in rulings that blocked comparable laws, while additional cases are pending in states including Illinois, Minnesota and California.

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Exterior of the U.S. Department of Justice headquarters in Washington, D.C., related to a federal lawsuit over New Jersey tuition policies.

Supporters of the policy have argued that in-state tuition eligibility is based on residency, not immigration status, and is intended to expand access to higher education for students who have lived in the state for years.

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Fox News Digital has reached out to Democrat New Jersey Gov. Mikie Sherrill‘s office for comment on the matter.

The case is pending in the U.S. District Court for the District of New Jersey.

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