U.S. Justice Department sues Minnesota for offering in-state tuition costs to undocumented students

The suit follows similar actions in Texas and Kentucky by the Trump administration.

The Minnesota Star Tribune
June 25, 2025 at 9:12PM
The Minnesota Dream Act has allowed qualifying students to attend the University of Minnesota at an in-state tuition rate, regardless of immigration status, since 2013. (Ken Wolter/Dreamstime)

President Donald Trump’s administration has launched legal action against the state of Minnesota and its higher education department over policies offering college tuition benefits for undocumented students who reside here.

The U.S. Department of Justice in a lawsuit filed Wednesday sued Gov. Tim Walz, Attorney General Keith Ellison and the state’s Office of Higher Education over the state’s laws allowing non-U.S. citizens residing in Minnesota to qualify for in-state tuition rates.

The lawsuit, filed in the U.S. District Court for the District of Minnesota, argues the state is “flagrantly violating” federal law by allowing reduced, in-state tuition rates to undocumented Minnesota students per a 2013 law that federal officials argue discriminates against out-of-state students.

The Justice Department cited the $18,094 tuition price for Minnesota residents at the University of Minnesota-Twin Cities for the 2025-2026 school year versus $40,556 for out-of-state students.

“The magnitude of this discrimination against U.S. citizens is substantial,” the suit said.

The law allows undocumented students to qualify for the in-state tuition rate if they meet certain requirements, including documentation that they’ve applied for legal status, the suit states. The administration also took aim at the North Star Promise Program that went into effect last year, arguing the program that offers free tuition for certain students in the state’s college systems can be utilized by undocumented students but unfairly excludes non-Minnesota residents.

In a statement to the Star Tribune, Attorney General spokesperson Brian Evans said “We are reviewing the lawsuit andwill vigorously defend the state’s prerogative to offer affordable tuition to both citizen and non-citizen state residents.”

A spokesperson for the Office of Higher Education declined to comment.

The suit comes on the heels of a similar lawsuit against Texas that ended with a federal judge siding with the DOJ to topple its policy offering in-state tuition for undocumented students. The administration has also recently targeted Kentucky for a similar law.

Attorney General Pam Bondi likened such laws to treating “Americans like second-class citizens in their own country,” in a news release announcing the Minnesota lawsuit.

“The Department of Justice just won on this exact issue in Texas, and we look forward to taking this fight to Minnesota in order to protect the rights of American citizens first,” Bondi said.

The number of undocumented students in Minnesota’s university and college systems is difficult to estimate, as colleges don’t maintain lists. However, the Minnesota Office of Higher Education reported to the Star Tribune that 506 received the Minnesota State Grant in 2024 after completing the application for the Minnesota Dream Act that provides in-state tuition rates and financial aid to qualifying students.

The Justice Department is seeking the federal court to declare the state’s policies unconstitutional and prohibit the state from enforcing the laws.

Erin Adler of the Minnesota Star Tribune contributed to this report.

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Sarah Nelson

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Sarah Nelson is a reporter for the Minnesota Star Tribune.

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