The U.S. Department of Justice has filed a lawsuit against Colorado regarding its policies that provide in-state tuition and financial aid to illegal immigrants attending public colleges and universities. The lawsuit, submitted on Thursday in federal court, names the Colorado Commission on Higher Education, the state Department of Higher Education, and its director, JB Holston, as defendants.
Associate Attorney General Stanley Woodward stated, "For three decades, Congress has made clear that Colorado cannot give education benefits to illegal aliens that it does not give to all American citizens." He added that by offering in-state tuition to illegal immigrants, Colorado is allegedly violating federal law and imposing costs on taxpayers.
The lawsuit argues that the Advancing Students for a Stronger Economy Tomorrow (ASSET) Act and related state policies breach a federal statute that prohibits states from offering higher education benefits to illegal immigrants based on residency unless the same benefits are available to all U.S. citizens. According to the complaint, Colorado has made changes to expand access to these benefits, including reducing the high school attendance requirement from three years to one year and eliminating the need for students to be admitted to college within 12 months of graduating high school.
The Justice Department claims that by providing lower tuition rates and state-funded scholarships to local illegal immigrants while denying these benefits to out-of-state citizens, Colorado is creating an unconstitutional preference that conflicts with federal law. The lawsuit seeks to have several Colorado state laws declared unconstitutional and to recover court fees.