The Department of Justice filed suit against Colorado challenging the state’s in-state tuition policy for undocumented students. Colorado became the 14th state targeted by the DOJ over such policies. The department has previously pursued similar cases against other states, with three quickly agreeing to end their programs, one case being dismissed, and another resulting in a federal court victory for the government.
Colorado enacted legislation in 2013 permitting undocumented students to qualify for in-state tuition rates if they satisfied certain residency requirements or had completed high school within the state. In its legal filing, the DOJ contended that the policy violates federal law by providing reduced tuition costs and state financial aid to undocumented immigrants while denying the same advantages to out-of-state U.S. citizens. The department further alleged that the policy promotes unlawful immigration.
Associate Attorney General Stanley E. Woodward Jr. issued a statement emphasizing the government’s position that Congress has prohibited states from offering education benefits to undocumented immigrants unless those same benefits are extended to all American citizens. He characterized Colorado’s approach as unlawful and criticized it for using taxpayer funds to subsidize education for individuals unlawfully in the country.
Democratic officials in Colorado have publicly opposed the lawsuit. Mike Johnston, who co-sponsored the original 2013 legislation and now serves as Denver’s mayor, expressed strong disagreement with the administration’s action. Johnston, who previously worked as a teacher and school principal, described the legislation as foundational to his political involvement, citing his experience witnessing undocumented students unable to afford higher education in the state.
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