SEATTLE — The U.S. Department of Justice has filed a federal lawsuit against Washington state, its public university governing boards and the Washington Student Achievement Council, arguing the state’s policies that allow certain undocumented students to receive residency-based tuition rates and state financial aid conflict with federal immigration law.
Federal challenge to state residency rules
The complaint, lodged Thursday in U.S. District Court in Seattle, rests on a 1996 federal provision that the Justice Department says bars states from offering postsecondary education benefits based on residency to people who are not lawfully present unless those benefits are also made available to U.S. citizens regardless of where they live. The federal filing asks the court to declare the challenged Washington statutes and policies unlawful.
Washington law currently permits some students without lawful immigration status to be classified as resident students for tuition purposes if they meet a series of conditions: they have earned a high school diploma or equivalent in the state, have lived in Washington for at least one year for reasons other than pursuing higher education, and file an affidavit indicating they will seek permanent resident status when eligible and pursue citizenship.
Which programs are targeted
In addition to resident tuition eligibility, the lawsuit seeks to overturn state rules that make undocumented students eligible for the Washington College Grant and the Undocumented Student Support Loan Program. The Justice Department contends those programs constitute residency-based financial assistance extended to individuals not lawfully present while excluding U.S. citizens who reside outside the state.
- The complaint names the state, public university and college governing boards, and the Washington Student Achievement Council.
- It challenges resident tuition rules, the Washington College Grant eligibility criteria and the Undocumented Student Support Loan Program.
- The federal filing asks a judge to declare the contested statutes and policies invalid under federal law.
Tuition differences cited in the complaint
As part of its argument, the Justice Department cites published 2026-27 undergraduate tuition figures to show the disparity between resident and nonresident rates at major Washington campuses. The complaint notes large gaps between in-state and out-of-state charges as an illustration of the alleged preferential benefit.
| Institution | Resident tuition (2026-27) | Nonresident tuition (2026-27) |
|---|---|---|
| University of Washington | $13,406 | $44,460 |
| Western Washington University | $8,808 | $27,717 |
State response
Gov. Bob Ferguson responded on social media, framing Washington’s policy as a matter of protecting educational opportunity and signaling the state will resist the federal challenge in court. He wrote that Washington will not be “bullied into changing how we provide opportunities for young people in our state,” and added, "We’ll see them in court, and we expect to win."
"Washington state won’t be bullied into changing how we provide opportunities for young people in our state. We’ll see them in court, and we expect to win."
Implications for students and institutions
If the court sides with the Justice Department, students who now qualify for in-state tuition and state-administered financial assistance under Washington’s rules could lose access to substantially lower tuition rates and state aid. The complaint highlights that the difference in annual tuition can be tens of thousands of dollars at some institutions, which could sharply increase costs for affected students and influence college enrollment decisions.
Universities and colleges named in the suit may also face administrative and financial uncertainty while litigation proceeds. Institutions could be required to change residency determination practices, alter financial aid eligibility rules, and notify impacted students depending on the court’s rulings and any temporary relief issued by judges during the case.
Legal pathway and next steps
The case will proceed in U.S. District Court in Seattle. The complaint asks for declarations that the challenged state actions violate federal law; it may also request injunctive relief that would prevent Washington from continuing the contested practices while the litigation is pending. The state has indicated it intends to defend its statutes and policies vigorously.
Beyond the immediate legal clash, the suit raises broader questions about federal-state authority over education and immigration-related benefits and could prompt appeals that reach higher courts. For now, students, institutions and state officials will be watching the Seattle federal court for scheduling orders and preliminary rulings that shape how the case moves forward.
Grace Yun is the state correspondent covering higher education and policy for WE NEWS.
