ANALYSIS: Discounted tuition, scholarships, free legal services for illegal immigrants need to go
The Department of Justice (DOJ) has taken legal action against three states for offering in-state tuition to illegal immigrant students—but there are still 23 states to go.
The Trump administration has made it clear: taxpayer-funded benefits for illegal immigrants are on the chopping block.
So far, the Department of Justice (DOJ) has taken legal action against three states for offering in-state tuition to illegal immigrant students—but there are still 23 states to go.
Earlier this year, the DOJ scored a major victory when Texas overturned its decades-old law granting in-state tuition to illegal immigrants. Now, the DOJ is suing Minnesota and Kentucky for violating federal law by offering the same benefit. Campus Reform reported that illegal immigrant students are pushing back against these legal challenges, but the administration is holding the line on its promise to put American students first.
Meanwhile, the left is doubling down on putting illegal immigrants first. Pennsylvania State Rep. Greg Scott recently introduced legislation to provide in-state tuition to illegal aliens who have lived in the U.S. for more than 12 months. The left wants to reward a year of law-breaking with a taxpayer-funded discount.
Discounted tuition for illegal immigrants is a slap in the face to American students and taxpayers. It rejects the American rule of law and prioritizes illegal immigrants over hardworking Americans. It incentivizes further illegal immigration, undermines lawful immigration pathways, and forces taxpayers to subsidize individuals who broke federal law.
It’s also unfair to lawful students who are forced to pay the higher rate.
In many states, average out-of-state tuition costs run $30-40,000 annually, while in-state tuition is roughly $10,000 to $12,000. For more than a decade, states like Minnesota and Texas have charged illegal immigrants the lower rate while legal U.S. citizens from other states pay the full sticker price.
It’s an insult to ask Americans to pay three to four times more than a student who is in the country illegally, especially when that education is subsidized with taxpayer dollars.
Federal law prohibits this exact scenario. According to the DOJ, in-state tuition cannot be granted to illegal immigrants unless it’s also granted to every U.S. citizen, regardless of residency, yet many states have gotten away with ignoring this requirement for over a decade.
Minnesota has gone even further then discounted tuition by offering free college to certain illegal immigrant students. The North Star Promise program offers free college tuition to students from families making under $80,000 per year, including illegal immigrants. Funded by state tax dollars, the program covers full tuition and fees after other financial aid is applied. This means illegal immigrants can attend college at no cost while many American families are drowning in debt.
The DOJ’s lawsuit targets both Minnesota’s tuition policy and the scholarship program, arguing that state-funded resources should serve citizens who contribute to the nation’s economy and uphold its laws, not individuals who entered the country in violation of federal immigration statutes.
[RELATED: Illegal aliens could get in-state college tuition under new Pennsylvania proposal]
In addition to discounted tuition rates, illegal immigrants can also access special scholarships that are barred from American students.
The Trump administration recently launched investigations into five universities for offering scholarships specifically to illegal immigrant students. According to the Department of Education’s Office for Civil Rights, these scholarships violate federal law by excluding U.S. citizens based on immigration status or race.
Campus Reform exposed that one of the universities being investigated, the University of Michigan, spent $100,000 last year on scholarships for illegal immigrants. That scholarship money could have gone to lawful American students. The scholarship covers just about anything: tuition, housing, technology, medical bills, legal expenses, and even travel. American students aren’t getting those same luxuries paid for. Universities shouldn’t be rewarding students who break our nation’s laws while looking past those students who are here legally.
Free legal services provided to illegal immigrants further add to the bill for Americans. The California State University System’s 23 campuses are providing free legal services and “deportation defense” to students, their family members, faculty and staff. The price tag? $42 million for California’s taxpayers.
While American students struggle with rising tuition and living costs, their tax dollars are being used to help non-citizens fight deportation. According to the DOJ, this constitutes discriminatory use of state funds, as these legal services are not available to all Americans.
The problem extends far beyond tuition. Across the country, more than 510,000 illegal immigrants are enrolled in U.S. colleges and universities. Many of these institutions aren’t just welcoming them but protecting them.
Campus Reform uncovered that over 35 schools have implemented “Sanctuary Campus” policies, openly refusing to cooperate with Immigration and Customs Enforcement (ICE), blocking federal agents from campus buildings, and safeguarding student immigration records from authorities.
These institutions are acting as taxpayer-funded sanctuaries for illegal immigrants while American citizens are treated like second-class students in their own country.
[RELATED: University of Oklahoma boasts ‘safe place’ for illegal alien students]
The Trump administration’s legal challenges align with its broader policy agenda.
In February, President Trump signed the “Preserving Federal Benefits for American Citizens” executive order, aiming to cut taxpayer funding for programs that provide benefits to illegal aliens.
Case in point: Cut the programs that are incentivizing illegal immigration. No more discounted tuition, scholarships and free legal services for illegal immigrant students.
Institutions are risking their federal funding by continuing programs that violate federal law by discriminating against students based on their race, gender, or status as a citizen. Schools must end discriminatory programs and overhaul their policies to comply with federal standards.
The DOJ’s success in Texas shows these legal challenges can work. If the administration continues to challenge states and universities, Americans could see an end to taxpayer-funded tuition benefits for illegal immigrants, and a higher education system that finally puts American students first.
Follow the author of this article on X and Instagram: @RealEmilySturge
Editorials and op-eds reflect the opinion of the authors and not necessarily that of Campus Reform or the Leadership Institute.
