The U.S. Department of Justice has sued Utah, the District of Columbia, and two other states this week over state policies granting in-state college tuition and scholarships to immigrants without permanent legal status. The lawsuit, filed Thursday in federal court in Utah, names the state, the Utah System of Higher Education, and its commissioner, Geoffrey Landward, as defendants. The federal department argues that these policies discriminate against U.S. citizens from outside of the state.
This legal action is the latest in a wider push by the Trump administration to end such practices across the country. According to a department news release, the new cases bring the total number of lawsuits to 25, challenging states that allow resident tuition for unauthorized immigrants living within their borders. Earlier this week, the DOJ secured a victory when a federal judge in Kansas ruled that state’s tuition law unconstitutional. Stanley Woodward Jr., associate U.S. attorney general, stated the department’s position as, "No more placing illegal aliens over American citizens." The lawsuits align with President Donald Trump’s 2025 executive order, which directed the DOJ and the U.S. Department of Homeland Security to take action against states enforcing policies that grant resident tuition to immigrants without legal authorization.
Utah's current law allows students to qualify for in-state tuition if they graduated in Utah after attending high school in the state for at least three years. Proponents of these policies argue that they do not alter academic requirements and enable students to pay the same tuition rate as the classmates they grew up alongside.
The issue has been a point of debate in the Utah Legislature. A legislative proposal seeking to end this benefit in Utah passed the House by a narrow margin earlier this year but did not receive a vote or sponsor in the Senate. Opponents of that measure had raised concerns that it could make college unaffordable for students who have lived much of their lives in Utah. State lawmakers are expected to continue the debate into next year.
Top Republican legislators in Utah weighed in on the issue Friday. House Speaker Mike Schultz, a Republican from Hooper, stated that "Utah taxpayers should not be footing the bill for benefits extended to individuals here illegally." In a statement to Utah News Dispatch, Schultz emphasized that taxpayer dollars should prioritize Utah citizens. Schultz, who voted in favor of the 2026 measure to end the benefit, also said the Legislature has a responsibility to protect Utah taxpayers and ensure state resources are used as intended. He added that he looks forward to addressing the issue and making necessary changes during the 2027 General Session.
Senate President Stuart Adams stated Friday that he and his Senate colleagues were still reviewing the lawsuit. Adams seemed to reference principles of Utah’s moderate 2010 immigration compact in his comments, though he did not specify what the state’s next steps might be. Adams said in a prepared statement that "taxpayer-funded benefits should prioritize those they are intended to serve." He also noted Utah’s long-standing value for those who come to the country legally, strengthen communities, and contribute to the economy. Adams affirmed the Senate’s commitment to protecting Utah taxpayers, respecting those who follow the legal immigration process, and ensuring Utah law is fair, lawful, and consistent with federal requirements.
The Utah System of Higher Education provided an unsigned statement to Utah News Dispatch, saying it "support[s] students who meet the eligibility requirements established in state law and defer[s] to the Utah Legislature’s authority to set tuition policy for our public colleges and universities." USHE stated it would continue to administer that policy in accordance with legislative direction. Utah Attorney General Derek Brown, through a spokesperson, declined to comment on the pending litigation.
Advocates have condemned the lawsuit. Thomas Saenz, president of the Los Angeles-based Mexican American Legal Defense and Educational Fund, called the action a "coordinated attack on the rights of young immigrants" that is "unprecedented and unwarranted." Saenz noted in a Friday statement that no previous administration from either political party had challenged these state tuition-equity laws before.
The difference between in-state and non-resident tuition rates is substantial. At the flagship University of Utah, in-state tuition and fees are estimated at $10,480 for the current academic year, while non-resident tuition is estimated at $32,932. The exact costs can vary depending on a student’s specific program and coursework. As of 2023, the Pew Research Center estimated that Utah was home to 140,000 unauthorized immigrants, though the number of college-age individuals among them was not clear. Utah’s total population at that time was approximately 3.4 million.
