Minnesota Sued by DOJ Over Migrant In-State Tuition Rates (1)

Minnesota state laws allowing noncitizens who aren’t lawfully in the US to qualify for reduced in-state tuition rates are violating federal immigration statutes, the US Department of Justice claimed Wednesday.

The state’s “discriminatory treatment” against US citizens who reside outside Minnesota is “squarely prohibited and preempted by federal law,” the DOJ asserted in a complaint filed in the US District Court for the District of Minnesota.

A spokesperson for Gov. Tim Walz (D) said the office is reviewing the lawsuit “to better understand what this means for the state.” The office of Attorney General Keith Ellison (D) didn’t immediately respond to a request for comment. Minnesota’s Office of Higher Education declined to comment.

The suit comes just a week after the DOJ alleged Kentucky is violating federal law through a similar policy. The administration earlier this month also notched a permanent injunction in Texas, blocking the state from continuing to offer lower tuition rates to noncitizens who meet certain requirements to be considered a Texas resident, even if they aren’t lawfully in the US.

Since 2013, Minnesota law allows noncitizens to qualify for in-state tuition rates if they meet certain criteria, including documentation that the individual has filed an application for lawful immigration status and attended high school in Minnesota for at least three years, DOJ says. A law that took effect last summer also created a state-funded financial aid program that awards scholarships to students who attend public state colleges, which follows the same residency requirements, the complaint also says.

But the federal Illegal Immigration Reform and Immigrant Responsibility Act prohibits states from providing noncitizens who are in the country illegally with any higher education benefits that are denied to US citizens, the DOJ says. And since US citizens who don’t reside in Minnesota must pay “substantially higher” out-of-state tuition rates, Minnesota’s laws are preempted and in violation of the US Constitution’s supremacy clause, the DOJ asserts.

The federal government is seeking a court order permanently barring the state from enforcing the state laws.

The case is United States v. Walz, D. Minn., No. 0:25-cv-02668, complaint filed 6/25/25.