DOJ Sues Oklahoma Over In-State Tuition for Undocumented Students

OKLAHOMA CITY — The U.S. Department of Justice has filed a lawsuit against Oklahoma over a state law that allows undocumented students to qualify for in-state college tuition.

Oklahoma is among 25 states that have offered in-state tuition to undocumented students who attended high school in the state, a policy first introduced in Texas two decades ago.

President Donald Trump and Oklahoma Attorney General Gentner Drummond argue the law violates federal law, citing the U.S. Constitution’s Supremacy Clause, which gives federal law priority over conflicting state laws.

“Rewarding foreign nationals who are in our country illegally with lower tuition costs that are not made available to out-of-state American citizens is not only wrong—it is discriminatory and unlawful,” Drummond said in a statement, adding that the policy has long burdened Oklahoma taxpayers.

Immigration attorney Lorena Rivas countered that undocumented students already face steep barriers to higher education, noting they cannot access federal grants and receive no government aid to pay tuition.

The Oklahoma State Regents for Higher Education say they will comply with federal law and are working to determine how many students could be affected. In-state tuition at the University of Oklahoma is about $10,000 a year, compared to roughly $28,000 for out-of-state students.

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