The United States Department of Justice has filed a complaint challenging New Jersey laws that provide in-state tuition rates and financial assistance to illegal aliens, arguing the laws unconstitutionally discriminate against U.S. citizens and conflict with federal law.
The complaint, filed in the District of New Jersey, names the State of New Jersey, the Higher Education Student Assistance Authority, Acting Secretary of Higher Education Margo Chaly, the Board of Directors of the New Jersey Educational Opportunity Fund, and the New Jersey Commission on Higher Education as defendants. The Justice Department is seeking to enjoin the state from enforcing the laws and bring them into compliance with federal requirements.
“Imagine being denied the opportunity of education in your own country,” said Associate Attorney General Stanley Woodward. “By granting illegal aliens in-state tuition, the state of New Jersey is doing just that.”
“This is a simple matter of federal law: in New Jersey and nationwide, colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”
The complaint specifically seeks to block enforcement of New Jersey laws requiring colleges and universities to provide in-state tuition rates for all aliens who maintain New Jersey residency, regardless of immigration status, as well as state laws affording financial assistance and scholarships to illegal aliens.
This marks the ninth lawsuit in a series of actions the department has filed under President Trump’s directive to ensure illegal aliens are not obtaining taxpayer benefits or preferential treatment. Prior lawsuits in Texas, Kentucky, and Oklahoma have already resulted in favorable court orders permanently enjoining and declaring unconstitutional similar laws providing reduced tuition to illegal aliens. Additional lawsuits against Illinois, Minnesota, Virginia, Nebraska, and California are currently pending.
By DNU staff