OAN Staff Jenna Lee
1:10 PM – Friday, May 1, 2026
The United States Department of Justice (DOJ) has filed a lawsuit against the state of New Jersey to challenge legislative measures that provide illegal aliens with access to in-state tuition and financial assistance.
Specifically, the federal government is seeking a court order to block the enforcement of two key pieces of legislation — a 2013 law signed by former Governor Chris Christie (D-N.J.) that established in-state tuition eligibility for these undocumented students, and a subsequent 2018 law signed by former Governor Phil Murphy (D-N.J.) that expanded their access to state-funded financial aid programs.
The DOJ argues that these state-level policies conflict with federal statutes regarding the benefits afforded to non-citizens, thereby necessitating judicial intervention to halt their implementation.
“This is a simple matter of federal law: In New Jersey and nationwide, 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,” said Assistant Attorney General Brett A. Shumate.
On the flip side, immigration activists have also argued that, under New Jersey’s current legal framework, students may qualify for in-state tuition at public institutions of higher education regardless of their citizenship status, provided they satisfy specific residency criteria.
To meet these requirements, a student must have attended a New Jersey high school for at least three years, graduated from a high school within the state, and filed a formal affidavit pledging to seek legal immigration status as soon as they are eligible to do so.
The DOJ, however, asserts that these provisions run afoul of federal statutes, specifically those that restrict states from granting postsecondary education benefits to illegal aliens based solely on residency. Federal authorities maintain that such benefits are prohibited unless the same incentives are made equally available to all U.S. citizens, regardless of whether those citizens reside in New Jersey or elsewhere.
“Imagine being denied the opportunity of education in our own country. By granting illegal aliens in-state tuition, the state of New Jersey is doing just that,” said Associate Attorney General Stanley Woodward in a statement.
Meanwhile, this legal action adds to a growing list of federal challenges against New Jersey’s policies, as the DOJ has recently initiated several other lawsuits against the state.
These include a challenge to a state law that prohibits federal immigration enforcement agents from wearing face coverings while performing their duties, as well as a separate suit targeting an executive order (EO) issued by Governor Mikie Sherrill (D-N.J.).
That order specifically bars federal immigration authorities from accessing state-owned property, a move the federal government argues interferes with its lawful enforcement operations.
“This lawsuit, the fourth the Trump Administration has filed against New Jersey in recent months, is yet another distraction. New Jersey law is consistent with federal law, as another judge already held in rejecting a similar challenge. We look forward to responding in court, and to returning the focus to ensuring public safety and all the other critical work of our office,” added Attorney General’s Office spokesperson Michael Symons.
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