Feds sue Massachusetts for providing reduced college tuition rates, financial aid to 'illegal aliens'

Gayla Cawley, Boston Herald on Jun 29, 2026

By clicking submit, I authorize Arcamax and its affiliates to: (1) use, sell, and share my information for marketing purposes, including cross-context behavioral advertising, as described in our Privacy Policy , (2) add to information that I provide with other information like interests inferred from web page views, or data lawfully obtained from data brokers, such as past purchase or location data, or publicly available data, (3) contact me or enable others to contact me by email or other means with offers for different types of goods and services, and (4) retain my information while I am engaging with marketing messages that I receive and for a reasonable amount of time thereafter. I understand I can opt out at any time through an email that I receive, or by clicking here

BOSTON — The U.S. Department of Justice has sued Massachusetts over a state law that it says provides in-state college tuition rates and financial aid to “illegal aliens” while denying out-of-state students the same cost-cutting benefits.

The DOJ lawsuit was filed Monday in Boston’s federal court against the Commonwealth of Massachusetts, its Board of Higher Education and Commissioner of Higher Education Noe Ortega.

“Federal law prohibits illegal aliens in our nation from receiving resident tuition benefits that are denied to U.S. citizens residing in other states,” the lawsuit states. “There are no exceptions.”

At issue in the lawsuit is the “High School Completers” Tuition Equity Law, which was passed by Massachusetts lawmakers in 2023 and, per the feds, “extends eligibility for in-state tuition benefits, financial aid and scholarships at Massachusetts colleges to illegal aliens, while requiring payment of higher tuition rates by and denying similar benefits to U.S. citizens from other states.”

“This is blatant unequal treatment favoring illegal aliens over U.S. citizens from other states,” the lawsuit states. “Worse, such preferential treatment is squarely prohibited and preempted by Congress.”

The Department of Justice is calling for the court to block enforcement of the Massachusetts Tuition Equity Law, on the grounds that “extension of eligibility for postsecondary education benefits to illegal aliens is unconstitutional and must yield to federal law,” under the Supremacy Clause of the U.S. Constitution.

The Massachusetts Department of Higher Education did not immediately respond Monday to the Herald’s request for comment on the federal complaint.

The DOJ’s Civil Division filed a similar lawsuit Monday against Rhode Island.

In both complaints, the federal government alleges that state laws in Massachusetts and Rhode Island “unconstitutionally discriminate against U.S. citizens who are not afforded the same reduced tuition rates or scholarships, create incentives for illegal immigration and reward illegal aliens with benefits that U.S. citizens are not eligible for, all in direct conflict with federal law,” per a DOJ statement.

“The Department of Justice is committed to fulfilling President Trump’s promise that illegal aliens will not receive taxpayer benefits or preferential treatment over America’s own citizens,” Associate Attorney General Stanley Woodward said in a statement.

“As our nation marks 250 years of freedom, we will continue to challenge state laws that place aliens over citizens in clear defiance of Congress’s commands,” Woodward added.

Per the state website, “undocumented” students are eligible to pay tuition at in-state rates and benefit from state financial aid programs under the 2023 law if they attend high school in Massachusetts for at least three academic years or have earned a diploma or equivalent GED or HiSET in Massachusetts.

Students must be able to present a valid Social Security number, a document reflecting the issuance of an individual taxpayer identification number, or a document of registration with selective service, if applicable.

If prospective college students are unable to provide any of that documentation because they are not citizens or legal permanent residents of the United States, they can still qualify for reduced tuition rates and financial aid eligibility in Massachusetts if they can provide a completed Department of Higher Education affidavit stating they will file an application to become a citizen or legal permanent resident within 120 days after they become eligible to do so, per the state website.

The DOJ lawsuit points out the benefits of attending college in Massachusetts at in-state tuition rates, compared to full rates charged to out-of-state students.

The Massachusetts College of Art and Design, for example, charges Bay State residents roughly $15,860 for one year of tuition, but charges out-of-state students approximately $44,700, per the lawsuit.

“Since 2023, (Massachusetts law) has rewarded illegal aliens who violate our nation’s immigration laws with eligibility for in-state tuition benefits in Massachusetts while denying that same benefit to U.S. citizens who are not Massachusetts residents,” the lawsuit states.

Assistant Attorney General Brett Shumate adds, “This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens.

“This Department of Justice will not tolerate American students being treated like second-class citizens in their own country,” Shumate said in a statement.

Similar DOJ lawsuits are pending in Illinois, Minnesota, Virginia, California, New Jersey and Kansas, and the feds say they have already scored legal victories for similar claims in Texas, Kentucky, Oklahoma and Nebraska.

_____