The Trump Administration Sues Minnesota Over In-State Tuition and Scholarships for Undocumented Immigrants
The Trump administration escalated its legal campaign against state-level immigrant protections on Wednesday by suing Minnesota over its higher education policies. The lawsuit, filed by the U.S. Department of Justice, challenges Minnesota’s decision to offer in-state tuition and scholarship opportunities to undocumented immigrant students who graduated from the state’s high schools.
The Trump Filed in federal district court in Minnesota, the lawsuit names Democratic Governor Tim Walz, Democratic Attorney General Keith Ellison, and the Minnesota Office of Higher Education as defendants. At the heart of the case is Minnesota’s North Star Promise program, which allows undocumented students to receive scholarships that can cover some or all of their college tuition costs—benefits typically reserved for in-state citizens.
The Trump This move makes Minnesota the third state to face legal action this month by the Justice Department on similar grounds, following lawsuits against policies in Kentucky and Texas. In Texas, a federal judge recently sided with the state and temporarily blocked a law that allowed undocumented students to pay reduced, in-state tuition.
DOJ: Minnesota Violating Federal Law
The Department of Justice claims that Minnesota’s policy violates federal immigration law, specifically a statute that prohibits states from offering in-state tuition or other educational benefits to undocumented immigrants unless the same benefits are available to all U.S. citizens, regardless of their state of residence. Since most states charge higher tuition rates for out-of-state students, the federal government argues this practice effectively discriminates against U.S. citizens from other states.
The lawsuit references executive orders issued by then-President Donald Trump in February of his administration. Those orders instructed federal agencies to ensure that undocumented immigrants are not granted access to public benefits and to challenge local and state policies that prioritize such individuals over American citizens.
The Justice Department further argues that by offering financial assistance to individuals residing in the country illegally, Minnesota is discriminating against U.S. citizens—a sentiment echoed by U.S. Attorney General Pamela Bondi.
“No state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens,” Bondi said in a statement accompanying the lawsuit.
Additional Legal Action Likely
Although the Justice Department’s Minnesota filing does not name any new targets beyond Texas and Kentucky, Attorney General Bondi suggested more lawsuits could be on the horizon. According to the National Immigration Law Center—a nonprofit that supports tuition equity—at least 21 states currently allow undocumented immigrants to pay in-state tuition rates, and at least 16 of those states also allow such students to receive financial aid or scholarships.
The list includes Democratic-leaning states like California and New York, as well as traditionally Republican-leaning states such as Kansas and Nebraska. However, not all states are moving in the same direction.
States Push Back Against Claims of Discrimination
Supporters of Minnesota’s policies argue that they comply with federal law by applying the same rules to all students who meet specific criteria—such as residency within the state and graduation from a Minnesota high school—regardless of immigration status.
Minnesota’s guidelines also include requirements aimed at reinforcing civic responsibility.
They argue the students are culturally American and just as rooted in their communities as their U.S.-born classmates. Many of them are also considered high-achieving and ambitious students who contribute positively to the state’s economy and society.
“There’s no basis for penalizing these kids for decisions they didn’t make,” said a spokesperson for a Minnesota immigrant rights coalition. “These are students who’ve grown up here, gone to school here, and want to give back here.”
Legal and Political Implications
The lawsuit adds fuel to the broader national debate over immigration and education, highlighting the friction between federal immigration enforcement and state efforts to expand access to higher education.
It also raises critical legal questions about how states can navigate the complexities of immigration status while trying to invest in the next generation of students. Although education is traditionally governed at the state level, federal law places limits on how benefits can be distributed to individuals who lack legal immigration status.
The outcome of the Minnesota case could set important legal precedents for other states offering similar programs. It may also intensify political divides over immigration policy and educational equity, particularly heading into future election cycles where both issues are likely to be central themes.
As the courts begin to weigh the legal arguments, states offering tuition breaks to undocumented students will be closely monitoring developments—and potentially preparing for legal challenges of their own.