Justice Department sues Utah over in-state tuition for undocumented students
Rule Changes Salt Lake City, UT localLawsuit is part of a federal push against more than 20 states with similar laws
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Overview
Updated 1 hour agoUtah has let undocumented high school graduates who applied for legal residency pay in-state college rates since 2002. On September 10, 2026, the Justice Department sued to end that practice.
The lawsuit is part of a federal campaign against more than 20 states with similar laws. If the DOJ wins, thousands of students could face out-of-state tuition, and states could lose control over tuition policy.
Why it matters
If the DOJ wins, undocumented students in Utah and other states could lose access to affordable college, and states could lose control over tuition policy.
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People Involved
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The federal agency enforcing immigration laws and suing states over in-state tuition policies.
The state that passed the 2002 in-state tuition law and is now defending it in court.
Timeline
January 2002 September 2026
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DOJ sues Utah
Today LegalThe Justice Department files a lawsuit against Utah over its 2002 law allowing in-state tuition for undocumented students who applied for legal residency.
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DOJ sues Connecticut
LegalThe Justice Department files a lawsuit against Connecticut over its in-state tuition and financial aid laws for undocumented students.
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DOJ sues four more states
LegalThe Justice Department sues Arizona, New Mexico, Oregon, and Washington over in-state tuition laws, bringing the total to 21 states.
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Texas repeals in-state tuition law
LegislationAfter a DOJ lawsuit, Texas ends its decades-old law allowing in-state tuition for undocumented students.
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DOJ sues California over in-state tuition
LegalThe Justice Department files a lawsuit against California, challenging its policy allowing undocumented students to pay in-state tuition.
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Utah passes in-state tuition law
LegislationUtah's Republican-dominated legislature allows undocumented high school graduates who applied for legal residency to pay in-state college rates.
Historical Context
3 moments from history that rhyme with this story — and how they unfolded.
Plyler v. Doe (1982)
The Supreme Court struck down a Texas law that denied free public education to undocumented children. The Court ruled that the state could not discriminate against children based on their immigration status.
Texas and other states had to allow undocumented children to attend public schools.
Established that states cannot deny basic education to undocumented residents, but left open questions about higher education and other benefits.
The DOJ's current lawsuits argue that higher education is different from K-12, and that federal law explicitly allows states to deny in-state tuition to undocumented students. Plyler sets a precedent for protecting undocumented students' access to education, but the legal landscape has shifted.
IIRIRA Section 505 (1996)
Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act, which included a provision (8 U.S.C. § 1623) barring states from providing in-state tuition to undocumented students unless they offer the same rate to all U.S. citizens regardless of residency.
States that already had such laws were grandfathered in, but new laws were prohibited.
This provision is the legal basis for the DOJ's current lawsuits. It has been interpreted differently by courts, with some states arguing that their laws apply equally to all residents.
The DOJ argues that Utah's law violates this federal statute. The outcome of these lawsuits will clarify how much discretion states have under IIRIRA.
Texas repeals in-state tuition law (2026)
After the DOJ sued Texas over its decades-old in-state tuition law, the state legislature voted to repeal it rather than fight the lawsuit in court.
Texas undocumented students lost access to in-state tuition immediately.
Set a precedent for other states to capitulate to federal pressure, and showed that the DOJ's strategy can succeed without a court ruling.
Utah faces a similar choice: fight the lawsuit or repeal the law. The Texas outcome is a model for how the DOJ's campaign could end in other states.
