DOJ Sues Mass. and R.I. Over In-State Tuition for Undocumented Students
The DOJ sued Massachusetts and Rhode Island over in-state tuition for undocumented students.
Why it matters: This lawsuit could reshape policies that affect immigrant students’ access to affordable higher education and influence nationwide state tuition laws.
- DOJ filed lawsuits on June 29, 2026, against Massachusetts and Rhode Island over their in-state tuition laws for undocumented students.
- Massachusetts’ Tuition Equity Law (2023) and Rhode Island’s Student Success Act (2021) allow in-state tuition regardless of immigration status after attending high school for three years.
- DOJ argues these laws discriminate against U.S. citizens from other states and conflict with federal law.
- Similar DOJ suits target 12 states, with federal courts blocking such tuition policies in Texas, Kentucky, Oklahoma, and Nebraska, but Minnesota courts ruled against DOJ’s challenge.
On June 29, 2026, the U.S. Department of Justice (DOJ) launched lawsuits against Massachusetts and Rhode Island, challenging state statutes enabling undocumented students to qualify for in-state tuition and financial aid (DOJ press release).
Massachusetts’ 2023 Tuition Equity Law permits students who attended a Massachusetts high school for at least three years to receive in-state tuition regardless of immigration status (WBUR), while Rhode Island’s 2021 Student Success Act provides similar benefits to residents after three years of high school attendance, independent of legal status (Boston Globe).
The DOJ contends these laws unlawfully favor undocumented immigrants over U.S. citizens from other states who do not receive such tuition discounts or scholarships, placing them in conflict with federal immigration law (DOJ statement).
This suit is part of a broader federal campaign targeting 12 states with similar tuition policies, including Texas, Kentucky, and California. Federal courts have sided with the DOJ in blocking these policies in Texas, Kentucky, Oklahoma, and Nebraska, though Minnesota’s courts rejected DOJ’s challenge in March 2026, marking a notable exception (Inside Higher Ed).
DOJ leaders framed the challenge as protecting taxpayer interests and ensuring American students are not treated as second-class citizens (DOJ press release). Meanwhile, Rhode Island’s governor emphasized the state’s commitment to supporting all students through educational opportunities (Boston Globe).
Legal experts in education and immigration should closely monitor this litigation, as rulings could impact the availability of in-state tuition and financial aid for immigrant students nationwide.
By the numbers:
- 12 states sued by DOJ over in-state tuition policies for undocumented students
- 2023 – Massachusetts enacted its Tuition Equity Law
- 2021 – Rhode Island passed its Student Success Act
Yes, but: Minnesota's courts rejected the DOJ's challenge to its in-state tuition policy, showing judicial pushback against the federal campaign.
What's next: Pending court decisions in Massachusetts and Rhode Island will signal if these state laws can continue or must be rescinded under federal challenge.