The Justice Department Sues Arizona, New Mexico, Oregon and Washington Over In-State Tuition for Dreamers — Bringing Its Running Total to 21 States, and in Arizona Suing to Void a Law the Voters Passed Themselves
On Thursday, August 27, 2026, the Justice Department filed suit against Arizona, New Mexico, Oregon and Washington over state laws that let undocumented students who graduated from in-state high schools pay in-state tuition at public colleges. The four filings brought the administration's running total to 21 states sued over the same policy. The Arizona case is the most politically loaded of the four: the policy at issue, Proposition 308, was approved directly by Arizona voters in 2022. The Justice Department's complaint calls it "blatant unequal treatment favoring illegal aliens over U.S. citizens" and argues it is preempted by federal law. Arizona's attorney general answers that Prop 308 does not turn on residency at all — it turns on where a student went to high school and graduated — and that the fight is fundamentally about states' rights. Arizona Center for Investigative Reporting has estimated more than 3,600 noncitizens could qualify; at least 720 have received in-state tuition, including 432 at Arizona State University. The governors of Oregon and Washington both said they would defend their laws. Arizona's two Democratic senators issued a joint statement calling the suit an attack on people "deeply rooted in America." Associate Attorney General Stanley Woodward framed the filings as enforcement of "Congress's clear prohibition on placing aliens over citizens."
“Dreamers are Americans in every way. They grew up here, went to our schools, and are contributing to communities across Arizona. Making college more expensive for young people who are deeply rooted in America does nothing to fix our broken immigration system or make our country safer.”