The Trump administration sued New Jersey on Thursday, accusing the state of giving undocumented immigrants in-state tuition and financial assistance and allegedly discriminating against lawful residents.
The complaint argues that because New Jersey law extends eligibility for in-state tuition and scholarships to residents regardless of citizenship status — and not to U.S. citizens from other states — the state is violating the rights of citizens. The lawsuit, filed in New Jersey federal court, asks a judge to block laws that allegedly treat “illegal aliens in our Nation more favorably [than] United States citizens.”
“Imagine being denied the opportunity of education in your own country,” Associate Attorney General Stanley Woodward said in a release. “By granting illegal aliens in-state tuition, the state of New Jersey is doing just that.”
The suit names the Higher Education Student Assistance Authority, acting Secretary of Higher Education Margo Chaly, the Board of Directors of the New Jersey Educational Opportunity Fund, and the New Jersey Commission on Higher Education as defendants. The complaint argues that federal law bars states from giving in-state tuition rates to undocumented residents if citizens from other states cannot benefit.
The Department of Justice said it has filed similar suits against Texas, Kentucky, Oklahoma, Illinois, Minnesota, Virginia, Nebraska, and California.
Former Gov. Chris Christie signed a bill allowing some undocumented immigrants to receive in-state tuition benefits in 2013, according to Politico, and former Gov. Phil Murphy buttressed the legislation in 2018.
The New Jersey Office of the Attorney General said it would fight the lawsuit in court.
“This lawsuit, the fourth the Trump Administration has filed against New Jersey in recent months, is yet another distraction,” said Michael Symons, a spokesperson for the New Jersey Office of the Attorney General. “New Jersey law is consistent with federal law, as another judge already held in rejecting a similar challenge. We look forward to responding in court, and to returning the focus to ensuring public safety and all the other critical work of our office.”
The Trump administration has sued New Jersey three other times in recent months to challenge legislation that mostly bars law enforcement officers from wearing face coverings, an executive order limiting ICE’s use of state property, and to seek voter registration data.
New Jersey has led or joined several dozen lawsuits against the Trump administration since the president took office last year, and has won the majority of decided cases.
