Pima Community College

The U.S. Department of Justice has sued Arizona, Oregon, Washington and New Mexico over state laws granting in-state college tuition to immigrants without legal status, bringing the total number of states sued over such policies to 21. In Arizona, the challenged law is Proposition 308, a 2022 voter-approved measure allowing immigrants without legal status who attended an Arizona high school for at least two years to qualify for in-state rates. Oregon's 2013 Tuition Equity Act, which also covers veterans and lawful permanent residents, is likewise targeted, along with comparable statutes in Washington and New Mexico. The DOJ argues the policies violate a 1996 federal law by extending tuition benefits to immigrants without legal status that aren't equally available to out-of-state U.S. citizens.

The Arizona complaint cites estimates of over 3,600 immigrants without legal status potentially qualifying annually, with at least 720 already receiving in-state rates in fall 2025; in Oregon, an estimated 4,730 of 215,019 higher-education students are undocumented, with over 1,000 benefiting from the tuition program in 2023-24. The DOJ seeks court orders blocking enforcement. Federal courts have already struck down comparable laws in Texas, Kentucky, Oklahoma, Nebraska and Illinois, with a dozen more states, including California and New York, facing pending litigation; a Minnesota case was dismissed and is under appeal. Oregon and Washington officials have vowed to defend their laws; Arizona has not yet responded.