U.S. Department of Justice Sues Minnesota Over In-State Tuition for Undocumented

U.S. Department of Justice Sues Minnesota Over In-State Tuition for Undocumented Students

The U.S. Department of Justice (DOJ) has filed a lawsuit against the state of Minnesota and its Governor Tim Walz, challenging a state law that provides in-state tuition rates to undocumented students. The lawsuit, brought under the Trump administration, argues that the policy is a violation of federal law.

The suit, filed in the U.S. District Court for the District of Minnesota, specifically targets the state's provision of reduced tuition rates to individuals who are not U.S. citizens or permanent residents. Under the current state law, undocumented students who have graduated from a Minnesota high school and meet certain residency requirements can qualify for in-state tuition at public colleges and universities. This policy has been in place since 2013.

The DOJ claims that the state's practice conflicts with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which mandates that states provide less favorable treatment to undocumented students when it comes to higher education benefits, unless they offer the same benefits to all U.S. citizens regardless of their place of residence. The federal government argues that by offering in-state tuition to undocumented students, Minnesota is effectively providing them with a benefit not available to legal residents of other states, thus failing to adhere to the federal law.

Governor Tim Walz, a Democrat, and his administration have defended the state's policy, stating that it is both legal and beneficial to the state's economy and communities. Supporters of the in-state tuition policy for undocumented students argue that these individuals contribute significantly to the state through taxes and their pursuit of higher education. They also highlight that the policy allows for the integration and success of individuals who were brought to the U.S. as children and have grown up in the state.

The lawsuit is part of a broader effort by the Trump administration to challenge state and local laws that offer benefits to undocumented immigrants. This move is consistent with the administration's stance on immigration issues, which includes a push for stricter enforcement of federal laws and opposition to so-called "sanctuary" policies.

The outcome of this lawsuit could have significant implications for the estimated 9,000 undocumented students who are currently enrolled in Minnesota's public higher education system and potentially for similar laws in other states. It also underscores the ongoing debate over the rights and privileges that should be extended to individuals who are in the country illegally, particularly when it comes to education and access to public benefits.

This legal action is likely to be met with opposition from advocacy groups and Democrats who support the rights of undocumented immigrants to access higher education. The case could potentially reach the Supreme Court, serving as a test of federal versus state power in the realm of immigration policy.

The lawsuit is yet another example of the Trump administration's aggressive stance on immigration, which has included challenges to Deferred Action for Childhood Arrivals (DACA), increased ICE enforcement actions, and efforts to withhold federal funds from cities and states with sanctuary policies. As the nation prepares for a presidential transition, the future of such legal battles remains uncertain, with President-elect Joe Biden's administration expected to pursue a more lenient approach to immigration enforcement and policy.