FILE - A flyer informing Benson Polytechnic High School seniors about student financial aid on April 17, 2024. The federal government is suing Oregon over tuition and aid equity programs for undocumented students.
Tiffany Camhi / OPB
Attorneys general for Oregon and Washington say they will safeguard state laws that grant in-state tuition for immigrant students at public higher education institutions.
This comes after the U.S. Department of Justice announced it is suing Oregon, Washington and two other states over their laws allowing undocumented immigrants to access in-state tuition and other financial assistance at public universities and colleges.
The lawsuit, filed last week, alleges the states have “ignored” federal law. The suit references a law that forbids immigrants without legal status from receiving in-state discounts or scholarships unless the benefits are available to citizens regardless of residency.
Undocumented students in Oregon have been eligible for in-state tuition at public schools since the state passed its tuition equity law in 2013. These students have several requirements they need to become eligible, such as receiving a high school diploma or equivalent in Oregon, attending an in-state high school for at least three years and demonstrating an intent to become a U.S. citizen or lawful permanent resident.
By allowing access to in-state tuition, the law significantly reduces the cost of a degree at Oregon’s public colleges and universities for undocumented students. Without it, these students would be charged nonresident tuition rates that are far higher.
At the University of Oregon, nonresident tuition for undergraduates, just over $47,000 a year, costs more than double what’s charged to resident students, at about $17,000 per year.
“Oregon’s Tuition Equity Program passed on a bipartisan vote and has been a success for Oregon’s universities and students for well over a decade,” said Oregon Department of Justice spokesperson Jenny Hansson, in a statement. “The program represents Oregon’s values and priorities, and we look forward to defending it against attacks from the federal administration’s hateful agenda.”
Undocumented students in Oregon are also eligible for state financial aid to attend college through the Oregon Opportunity Grant and the Oregon Promise Grant.
Washington passed a tuition equity law, similar to Oregon’s, a decade earlier in 2003.
In a statement, a spokesperson for the Washington State Attorney General’s Office called the lawsuit “politically motivated” and said the agency looks forward to defending “longstanding Washington laws that recognize the potential and promise of all our residents regardless of citizenship status.”
The online database The Higher Ed Immigration Portal estimates roughly 15,000 undocumented students are enrolled in higher education in Washington state. About 2%, or 4,300, of all of Oregon’s college students are undocumented, according to the portal.
The lawsuit is part of a coordinated federal campaign to stamp out state laws that offer in-state tuition and other financial aid to undocumented students. Including last week’s suit, the Trump administration has sued 21 states over these policies.
The federal justice department alleges these states’ tuition laws directly conflict with federal law, discriminate against U.S. citizens and create incentives for illegal immigration.
“These statutes constitute blatant unequal treatment favoring illegal aliens over U.S. citizens. Such preferential treatment is squarely prohibited and preempted by federal law,” the DOJ’s complaint reads.
In each of the lawsuits, the Department of Justice seeks to block the states from enforcing these laws. Courts have already declared these laws unconstitutional in five states: Texas, Kentucky, Nebraska, Oklahoma and Illinois.
Noel Gasca and Sami West are reporters with KUOW. This story comes to you from the Northwest News Network, a collaboration between public media organizations in Oregon and Washington.
It is part of OPB’s broader effort to ensure that everyone in our region has access to quality journalism that informs, entertains and enriches their lives. To learn more, visit our journalism partnerships page.
