Judge dismisses DOJ lawsuit over Minnesota laws regarding in-state tuition for undocumented students

Sarah Nelson, Star Tribune on Mar 27, 2026

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MINNEAPOLIS — A federal judge on Friday dismissed a Justice Department lawsuit against Minnesota targeting the state’s policies that allow in-state tuition benefits to undocumented students.

The lawsuit, filed in the U.S. District Court for the District of Minnesota, argued the state is “flagrantly violating” federal law by allowing reduced, in-state tuition rates to undocumented Minnesota students.

U.S. District Judge Kate Menendez found a federal immigration law does not preempt Minnesota’s policies, determining the state’s tuition rules are not contingent solely on a student’s “basis of residence” in Minnesota.

Menendez explained there are a number of ways a student can qualify for tuition benefits without residing in Minnesota, such as enrolling in a Minnesota school from a neighboring state or attending a Minnesota boarding school, as long as they attend for three or more years and graduate.

“Whether the number of those students is large or small is irrelevant — unless the availability of the benefit provided by the State depends on residency, there is no but-for causation,” Menendez said.

The Justice Department brought the civil complaint against Minnesota in June 2025, alleging the state’s laws that don’t require students to have legal status in the United States in order to qualify for in-state tuition rates violate federal law and discriminate against out-of-state students.

But for Minnesota’s tuition law “to be preempted by (federal law),” Menendez wrote, “it must conflict with both clauses of federal law by providing for eligibility on the basis of residence in Minnesota and by excluding non-Minnesotans on the same ground." She said ultimately, Minnesota’s tuition benefits are not determined by their sole residence, which led to her dismissal.

The Justice Department did not immediately respond to the Minnesota Star Tribune’s request for comment about the dismissal.

The complaint cited the $18,094 tuition price tag for Minnesota residents enrolling at the University of Minnesota-Twin Cities for the 2025-2026 school year versus the $40,556 rate for out-of-state students.

Other policies targeted by the Justice Department include Minnesota’s North Star Promise Program effective 2024 that aims to make college more affordable for working class families.

The legal action followed a similar lawsuit the Justice Department brought against Texas for its in-state tuition law for undocumented students. A judge quickly agreed to permanently block the law.