DOJ sues Utah in wider push against in-state tuition for unauthorized immigrants 

The U.S. Department of Justice sued Utah, the District of Columbia and two more states this week for granting in-state college tuition and scholarships to immigrants without permanent legal status. The cases are the latest in a push by the Trump administration to end the practice across the country. 

The department’s attorneys argue the policies discriminate against U.S. citizens from out of state. The new cases, filed Thursday, bring the total to 25 lawsuits over allowing resident tuition for unauthorized immigrants in states where they live, the department said in a news release. 

Earlier this week, in a victory for DOJ, a federal judge in Kansas ruled that state’s tuition law unconstitutional.

“No more placing illegal aliens over American citizens on this Department of Justice’s watch,” said Stanley Woodward Jr., associate U.S. attorney general, in a prepared statement.

The lawsuits follow President Donald Trump’s 2025 executive order directing the DOJ and the U.S. Department of Homeland Security to take action against states’ enforcement of policies granting resident tuition to immigrants without legal authorization.

Utah allows in-state tuition for students who graduated in Utah after attending high school in the state for at least three years. Proponents of such policies say they don’t change any academic requirements and allow students to pay the same rate as the classmates they grew up with.

A legislative proposal seeking to end the benefit in Utah passed the House by a narrow margin but did not get a vote or sponsor in the Senate this year after opponents raised concerns it could make college unaffordable for students who have lived much of their lives in Utah. 

State lawmakers are likely to continue the debate into next year. Top Republican legislators focused Thursday on the question of who taxpayer money should serve. 

“Utah taxpayers should not be footing the bill for benefits extended to individuals who are here illegally. Our taxpayer dollars should prioritize Utah citizens,” House Speaker Mike Schultz said Friday in a statement to Utah News Dispatch. Schultz, R-Hooper, voted in favor of the 2026 measure. 

“The Legislature has a responsibility to protect Utah taxpayers and make sure state resources are being used as intended,” Schultz said in the statement. “I look forward to addressing this issue and making the necessary changes during the 2027 General Session.”  

Senate President Stuart Adams said Friday that he and his colleagues in the Senate were still reviewing the lawsuit. Adams seemed to reference tenets of Utah’s moderate 2010 immigration compact as he reflected on the state’s next steps, though he didn’t signal what they may look like.

“Utah has long valued those who come to this country legally, strengthen our communities and contribute to our economy. But taxpayer-funded benefits should prioritize those they are intended to serve,” Adams said in a prepared statement. 

He said the Senate “is committed to protecting Utah taxpayers, respecting those who follow the legal immigration process and ensuring Utah law is fair, lawful and consistent with federal requirements.”  

As of 2023, the state was home to an estimated 140,000 unauthorized immigrants, according to the Pew Research Center, though it wasn’t clear how many were of college age. Utah’s total population at the time was roughly 3.4 million.

DOJ’s lawsuit filed in federal court in Utah names the state, the Utah System of Higher Education and its commissioner, Geoffrey Landward, as defendants. 

In an unsigned statement to Utah News Dispatch, the Utah System of Higher Education said “we support students who meet the eligibility requirements established in state law and defer to the Utah Legislature’s authority to set tuition policy for our public colleges and universities. We will continue to administer that in accordance with legislative direction.” 

Utah Attorney General Derek Brown declined through a spokesperson to speak about the pending litigation that advocates condemned as shameful. 

“This coordinated attack on the rights of young immigrants is unprecedented and unwarranted,” said Thomas Saenz, president of the Los Angeles-based Mexican American Legal Defense and Educational Fund, in a Friday statement. “No administration of either party has ever previously challenged these state tuition-equity laws.” 

In-state tuition and fees at the flagship University of Utah is $10,480 for the current academic year, while non-resident tuition is $32,932, according to the university’s estimates. The exact cost varies based on a student’s specific program and coursework.