SALT LAKE CITY — The U.S. Department of Justice sued Utah on Thursday over the state's policy that allows students without permanent legal status to receive in-state college tuition and scholarships, expanding a nationwide legal campaign the federal government says seeks to protect the rights of U.S. citizens from other states.
Federal challenge follows presidential directive
The lawsuit is one of several filed this week and brings to 25 the total number of actions the Justice Department has initiated against states and localities that extend resident tuition to immigrants who lack lawful status, the department said in a news release. The legal push follows an executive order issued by President Donald Trump in 2025 directing federal agencies to take steps aimed at curtailing state and local policies that, in the administration's view, confer benefits to unauthorized immigrants.
The DOJ argues those in-state tuition programs amount to unlawful discrimination against U.S. citizens who live out of state and therefore are being treated differently for college costs. Earlier this week a federal judge in Kansas ruled that state’s tuition law unconstitutional in a decision the Justice Department hailed as a victory in the broader effort.
What Utah’s policy does and who it affects
Utah’s current policy allows students to qualify for in-state tuition if they graduate from a Utah high school after attending school in the state for at least three years. Supporters of that policy have said it does not alter academic requirements; instead, it reduces the cost barrier for students who grew up and completed their schooling in Utah.
Legislative attempts to roll back the benefit have been active at the State Capitol. A proposal to end the in-state tuition provision cleared the Utah House earlier this year by a narrow margin but failed to advance in the Senate after it did not receive a floor vote or sponsor, according to legislative records. Lawmakers indicated the debate would likely resume next year.
State and federal officials respond
The Justice Department framed the litigation as a protection of American citizens’ interests. In a prepared statement, Associate U.S. Attorney General Stanley Woodward Jr. said the administration would not prioritize immigrants over citizens.
"No more placing illegal aliens over American citizens on this Department of Justice's watch,"
At the state level, top Republican lawmakers emphasized the fiscal and legal questions underpinning the controversy. House Speaker Mike Schultz, R-Hooper, said Utah taxpayers should not have to fund benefits for people who are present in the country illegally and that public resources should prioritize citizens. Schultz also voted in favor of the House proposal earlier this year.
Practical effects and next steps
If the DOJ prevails in court, the ruling could make undocumented students who now qualify under the Utah rule lose eligibility for in-state tuition and related scholarships. That change would increase tuition bills for those students and could affect college enrollment decisions across the state.
Utah policymakers are likely to reassess the legal and fiscal dimensions of the program. State higher education officials have previously argued in favor of keeping students who were educated in Utah within the state’s public college pipeline, citing workforce and community integration considerations.
- Number of DOJ suits nationwide: 25 (including Utah)
- Triggering federal action: 2025 executive order by President Trump
- Utah eligibility rule: Graduate from Utah high school after attending at least three years
Where this stands in court
The lawsuit in Utah is part of a coordinated strategy by the DOJ to litigate in multiple jurisdictions simultaneously. The department’s legal team contends that granting resident tuition to unauthorized immigrants creates a classification that disadvantages out-of-state U.S. citizens. Defense arguments in similar cases have often focused on state sovereignty in higher education policy and on equity for students raised and educated within a state’s public school system.
| Item | Detail |
|---|---|
| DOJ suits filed (total) | 25 |
| Recent favorable ruling for DOJ | Kansas federal judge struck down that state's tuition law |
| Utah policy requirement | Graduate from Utah high school after ≥3 years of attendance |
As litigation progresses, affected students, higher education institutions and state leaders will be watching federal filings and court timetables closely. Any definitive ruling could reshape tuition policy not only in Utah but across other states that have adopted similar residency-based tuition provisions.
State legislators and university system officials have signaled the issue will return to the Capitol if the courts leave room for legislative action. In the meantime, families and students currently relying on the policy face uncertainty about whether they will continue to be eligible for in-state tuition rates in the near future.
Spencer Holloway, State Correspondent
