The Trump administration sued Arizona, New Mexico, Oregon, and Washington on Thursday to challenge laws that allow undocumented students to receive in-state tuition benefits.

Why it matters: The lawsuit could determine whether these students can continue to access cheaper state tuition rates and certain financial aid in these four states.

The Department of Justice (DOJ) argues that the state laws conflict with federal regulations governing benefits for undocumented immigrants.

In-State Tuition for Undocumented Students Faces U.S. Offensive

The disputed provisions allow public universities to offer in-state tuition rates and aid to students who meet certain requirements, regardless of their immigration status.

The dispute: The DOJ argues that these benefits cannot be granted to foreigners if they are not available on equivalent terms to U.S. citizens.

The administration also claims that the rules discriminate against U.S. citizens and create incentives for illegal immigration. These arguments are part of the administration’s position and will need to be resolved in court.

Deputy Attorney General Stanley E. Woodward defended the lawsuits and accused the four states of ignoring federal legislation.

“By granting in-state tuition to undocumented aliens, Washington, Oregon, New Mexico, and Arizona are putting citizens on the back burner and ignoring federal law. That’s over,” he said.

Thousands of Students Could Be Caught in the Middle of the Lawsuit

The lawsuit against Arizona provides an approximation of the potential scope of this legal battle.

The DOJ cites a report by the Arizona Center for Investigative Reporting, which estimates that more than 3,600 undocumented students per year could be eligible for in-state tuition under the state legislation in the coming years.

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Who it affects: The conflict affects undocumented students who could pay lower tuition rates or receive financial aid under the disputed laws.

The difference between in-state and out-of-state tuition can determine how much a student has to pay, although available information does not specify the amount of this difference at each university.

Trump Expands His Offensive Against These State Benefits

The new lawsuits are in response to two executive orders signed by Trump last year to prevent undocumented immigrants from receiving certain publicly funded benefits or preferential treatment that his administration considers unfair.

The offensive did not begin with these four states. Under the Trump administration, the Department of Justice has already filed lawsuits against 21 states over similar policies, including some governed by Republicans.

The precedent: Texas ended a program last year that had been in place since 2001, allowing certain non-citizen students to pay reduced in-state tuition if they met requirements such as having lived and completed high school in the state.

State Laws Now Under Judicial Pressure

The lawsuits open a new battle between the federal government and the states over who can receive state-funded or regulated educational benefits.

The outcome will be especially important for students who depend on in-state tuition rates and financial aid to reduce the cost of their university studies.

What’s next: The courts will have to decide whether the policies of Arizona, New Mexico, Oregon, and Washington can withstand the objections raised by the Department of Justice.

Source: El Financiero