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Justice Department Sues Minnesota Over Dream Act In-State Tuition for Undocumented Students

It contends Minnesota’s Dream Act conflicts with the Supremacy Clause by granting benefits to undocumented students that are unavailable to U.S. citizen residents.

Overview

  • The Justice Department filed a federal complaint on June 25 challenging Minnesota’s 2013 Dream Act and North Star Promise scholarship program for undocumented students.
  • The lawsuit names Gov. Tim Walz, Attorney General Keith Ellison and the Office of Higher Education as defendants and seeks to enjoin the state from enforcing its tuition provisions.
  • The DOJ argues federal law bars postsecondary education benefits for illegal aliens that are denied to U.S. citizens, citing recent executive orders and a Texas court injunction.
  • Minnesota officials have pledged to vigorously defend the residency-based policy as lawful and essential to supporting immigrant integration in college campuses.
  • The case follows similar suits in Texas and Kentucky and could reshape in-state tuition eligibility for undocumented students across at least 25 states.