Imagine saving for years to send your kid to college, only to find out they’re paying double what someone else pays—someone who isn’t even a legal resident. It’s a gut punch, right? For decades, some states have quietly offered in-state tuition to illegal aliens while charging out-of-state American students significantly more. Now, the Department of Justice is stepping in, cracking down on this practice with lawsuits that aim to enforce a long-ignored federal law. This issue isn’t just about dollars and cents; it’s about fairness and what it means to prioritize American citizens in a system that often feels rigged.
Why the DOJ Is Taking Action Now
For over 30 years, a federal law has sat on the books, largely ignored. Passed in 1996 as part of the Illegal Immigration Reform and Immigrant Responsibility Act, this law—specifically Section 505—is crystal clear: states can’t offer in-state tuition to illegal aliens based on residency unless they also extend the same rates to all U.S. citizens, regardless of where they live. In plain terms, if a state gives a tuition break to an illegal alien, it must give that same break to a student from another state. Sounds fair, doesn’t it? Yet, many states have sidestepped this rule, creating a system where out-of-state students and their families bear the brunt of higher costs.
Until recently, this law was more of a suggestion than a mandate. Why? Because it didn’t allow private citizens to sue for enforcement—only the federal government could take action. For decades, no one did. But under new leadership, the DOJ has decided enough is enough. They’re now targeting states that violate this law, and the lawsuits are piling up faster than a freshman’s laundry.
Fairness in education isn’t just a buzzword; it’s a principle that ensures every student has an equal shot at success.
– Education policy analyst
The First Wins: Texas and Beyond
The DOJ’s campaign kicked off with a bang in Texas. The state was offering in-state tuition to illegal aliens while charging out-of-state students—American citizens—higher rates. When the DOJ came knocking, Texas didn’t put up a fight. They quickly settled, agreeing to change their practices to comply with federal law. It was a swift victory, and it set the stage for more.
Hot on the heels of Texas, the DOJ filed lawsuits against Kentucky and Minnesota in June 2025. Both states have been doing the same thing: giving illegal aliens a tuition discount while sticking out-of-state students with a heftier bill. In Kentucky, for example, in-state tuition at a public four-year college averages $11,299 per year. Out-of-state? A jaw-dropping $26,640. Minnesota’s numbers are similar: $12,873 for in-state versus $26,719 for out-of-state. That’s more than double the cost for an American student from another state. How does that sit with you?
- Kentucky: In-state tuition: $11,299; Out-of-state: $26,640
- Minnesota: In-state tuition: $12,873; Out-of-state: $26,719
These aren’t small differences. For many families, that gap could mean the difference between attending college or not. It’s no wonder the DOJ is turning up the heat.
The Cost of Unfair Tuition Practices
Let’s break it down. When states offer in-state tuition to illegal aliens without extending the same to out-of-state students, they’re essentially subsidizing one group at the expense of another. This isn’t just unfair—it’s expensive. Taxpayers and out-of-state students end up footing the bill, and the numbers add up fast.
Take Minnesota, for instance. An illegal alien living in the state pays $12,873 for a public four-year college. Meanwhile, a straight-A student from Wisconsin or Michigan pays $26,719. That’s a $13,846 difference per year, per student. Multiply that by thousands of students, and you’re talking about millions of dollars shifted away from American citizens.
It’s not just about the money, though. It’s about the message it sends. Why should a student who’s followed the rules, worked hard, and earned their place be penalized for where they’re from? In my opinion, that’s a betrayal of the principles of fairness and opportunity that education is supposed to stand for.
Where the DOJ Should Strike Next
The DOJ’s lawsuits are a good start, but there’s more work to be done. Several states are still openly violating federal law by offering in-state tuition to illegal aliens while charging out-of-state students more. Here are three states that should be next on the DOJ’s list—and why they’re prime targets.
Maryland: A Budget-Busting Subsidy
Maryland has been offering in-state tuition to illegal aliens since 2011, thanks to a state law that spells out specific requirements for eligibility. To qualify, an illegal alien must have attended a Maryland high school for at least one year, graduated or earned a GED, and filed state income tax returns for three years. Sounds reasonable, right? Except it’s against federal law because Maryland doesn’t offer the same deal to out-of-state U.S. citizens.
The numbers tell a stark story. In-state tuition at Maryland’s public four-year colleges averages $10,041. Out-of-state? $26,721. That’s a $16,680 difference per student. With an estimated 11,675 illegal alien students enrolled in Maryland’s higher education system, the state is subsidizing them to the tune of roughly $194.7 million annually. In a state facing a $3 billion budget deficit, that’s no small potatoes.
Every dollar spent on unfair tuition practices is a dollar taken from hardworking families.
Colorado: Mountains of Inequality
Colorado’s stunning landscapes might take your breath away, but its tuition policies might make you gasp for a different reason. The state offers in-state tuition to illegal aliens who’ve attended a Colorado high school for at least a year or graduated from one. In 2022, Colorado passed a law making it even easier for illegal aliens to qualify for in-state tuition and financial aid, removing several barriers that previously existed.
The cost? In-state tuition averages $9,798 per year, while out-of-state students pay a whopping $32,476. That’s a $22,678 difference—more than triple the in-state rate. For a family sending their kid to college, that’s a financial mountain too steep to climb without serious sacrifices.
Illinois: A Windy City Windfall
Illinois, home to Chicago and some of the nation’s priciest public colleges, is another state in the DOJ’s crosshairs. The state has been offering in-state tuition to illegal aliens since 2003, and recent updates to the law haven’t changed its core violation of federal rules. In-state tuition at Illinois’ public four-year colleges averages $14,921, while out-of-state students pay $30,027. That’s a $15,106 gap per student.
With an estimated 27,672 illegal alien students enrolled, Illinois is shelling out roughly $418 million in subsidies each year. To put that in perspective, you could build dozens of iconic stadiums with that kind of cash. Instead, it’s going toward a practice that disadvantages American students from other states.
| State | In-State Tuition | Out-of-State Tuition | Annual Subsidy (Est.) |
| Maryland | $10,041 | $26,721 | $194.7M |
| Colorado | $9,798 | $32,476 | – |
| Illinois | $14,921 | $30,027 | $418M |
Is This Really About Immigration?
Let’s clear the air. This isn’t about hating immigrants or keeping anyone from getting an education. Section 505 doesn’t stop states from offering in-state tuition to illegal aliens—it just says they have to offer the same deal to out-of-state U.S. citizens and legal residents. It’s about equal treatment, not exclusion.
When states prioritize one group over another, they’re taking resources away from students who’ve played by the rules. That’s not anti-immigrant—it’s pro-fairness. As someone who’s seen the struggle of paying for college firsthand, I can’t help but feel for the families caught in this mess. They’re not asking for special treatment; they just want a level playing field.
What’s Next for Tuition Fairness?
The DOJ’s lawsuits are a step toward restoring balance, but the fight’s far from over. With more than a dozen states still violating federal law, the department has its work cut out. Will they keep up the momentum, or will political pressures slow them down? Only time will tell.
For now, families and students can take heart that someone’s finally enforcing the rules. But it’s worth asking: how did we let this go on for so long? Perhaps the most frustrating part is knowing that for decades, hardworking Americans have been quietly subsidizing a system that puts them at a disadvantage. That’s not just unfair—it’s unacceptable.
- DOJ continues targeting states violating federal law.
- States like Maryland, Colorado, and Illinois face scrutiny.
- Families demand transparency and fairness in tuition policies.
As the lawsuits unfold, one thing’s certain: the conversation about tuition fairness is just getting started. What do you think—should states be forced to treat all students equally, or is there a case for keeping things as they are? The answer might not be simple, but it’s a question worth wrestling with.
