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Justice Department sues Utah over in-state tuition for undocumented students

Justice Department sues Utah over in-state tuition for undocumented students

Rule Changes Salt Lake City, UT local

Lawsuit is part of a federal push against more than 20 states with similar laws

Today: DOJ sues Utah

Overview

Updated 1 hour ago

Utah 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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Key Indicators

22
States sued by DOJ over in-state tuition
As of September 2026, the Justice Department has sued 22 states over laws allowing undocumented students to pay in-state tuition.

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People Involved

Organizations Involved

Timeline

January 2002 September 2026

6 events Latest: Today
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  1. Texas repeals in-state tuition law

    Legislation

    After a DOJ lawsuit, Texas ends its decades-old law allowing in-state tuition for undocumented students.

  2. Utah passes in-state tuition law

    Legislation

    Utah'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.

June 1982

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.

Then

Texas and other states had to allow undocumented children to attend public schools.

Now

Established that states cannot deny basic education to undocumented residents, but left open questions about higher education and other benefits.

Why this matters now

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.

September 1996

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.

Then

States that already had such laws were grandfathered in, but new laws were prohibited.

Now

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.

Why this matters now

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.

June 2026

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.

Then

Texas undocumented students lost access to in-state tuition immediately.

Now

Set a precedent for other states to capitulate to federal pressure, and showed that the DOJ's strategy can succeed without a court ruling.

Why this matters now

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.

Sources

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