Federal lawsuits target Rhode Island, Massachusetts over in-state tuition for illegal immigrants 

The U.S. Department of Justice sued Rhode Island and Massachusetts this week over state laws that allow some illegal immigrants to pay in-state tuition at public colleges and universities.

The Trump administration argues the states provide illegal immigrants a benefit that many American citizens cannot receive.

The lawsuits, similar to others the Justice Department has filed against several states, allege Rhode Island and Massachusetts violate federal law by offering in-state tuition to illegal immigrants while charging higher out-of-state tuition to U.S. citizens from other states.

The lawsuits were filed Monday in federal court.

“The Department of Justice is committed to fulfilling President Trump’s promise that illegal aliens will not receive taxpayer benefits or preferential treatment over America’s own citizens,” Associate Attorney General Stanley Woodward said in a statement.

He added, “As our nation marks 250 years of freedom, we will continue to challenge state laws that place aliens over citizens in clear defiance of Congress’s commands.”

Rhode Island passed its Student Success Act in 2021. The law allows some illegal immigrants to qualify for in-state tuition if they meet certain school attendance and residency requirements.

Massachusetts enacted a similar law in 2023. It allows some illegal immigrants who attended and graduated from Massachusetts high schools to pay in-state tuition at public colleges and universities. The state also allows some of them to qualify for state financial aid.

The Justice Department argues federal law does not permit states to do this unless they offer the same in-state tuition rate to U.S. citizens from every other state.

“This is a simple matter of federal law: Colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Assistant Attorney General Brett A. Shumate said. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”

The lawsuits ask federal judges to block Rhode Island and Massachusetts from enforcing the laws.

The cases center on Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which Congress passed during the Clinton administration. The provision says states cannot provide illegal immigrants a postsecondary education benefit based on residency unless they offer the same benefit to all U.S. citizens, regardless of where they live.

The federal government argues Rhode Island and Massachusetts have violated that requirement.

The cases also come as the Trump administration challenges similar laws across the country.

The Justice Department says it has filed 12 lawsuits over in-state tuition laws for illegal immigrants. According to the department, courts have already ruled in the federal government’s favor in Texas, Kentucky, Oklahoma and Nebraska.

Other lawsuits remain pending against California, Illinois, Minnesota, New Jersey, Kansas and Virginia.

The Lion has covered several similar cases.

Earlier this week, The Lion reported that the Justice Department sued Kansas over a law that allows illegal immigrants to receive in-state tuition while some U.S. citizens face stricter requirements.

The Lion also reported last month that a federal judge struck down Nebraska’s in-state tuition policy for illegal immigrants.

In 2025, The Lion reported that liberal groups in Texas created a fund to help illegal immigrant students pay for college after a federal judge struck down that state’s in-state tuition law.

The lawsuits against Rhode Island and Massachusetts continue the broader legal fight over whether states may use taxpayer-funded colleges to provide benefits to people in the country illegally while some American families pay higher tuition rates.