Minnesota faces federal lawsuit for offering illegal immigrants college tuition benefits denied to Americans

The Department of Justice (DOJ) filed a complaint challenging laws in Minnesota that provide free and reduced in-state tuition to illegal aliens, claiming the laws are unconstitutional.

Under federal law, higher education institutions are prohibited from providing benefits to illegal aliens not offered to U.S. citizens.

According to the DOJ, Minnesota’s laws unconstitutionally discriminate against U.S. citizens and are in direct conflict with federal law.

"No state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens," Attorney General Pam Bondi said. "The Department of Justice just won on this exact issue in Texas, and we look forward to taking this fight to Minnesota in order to protect the rights of American citizens first."

DISCOUNTED COLLEGE TUITION FOR ILLEGAL IMMIGRANTS POLICY LEADS DOJ TO SUE KENTUCKY

Attorney General Pam Bondi and the Department of Justice are suing the state of Minnesota for allowing illegal immigrants to get free or reduced in-state tuition, which is not afforded to all U.S. citizens. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

By filing the lawsuit, the DOJ is demanding that Minnesota stop the enforcement of a law requiring public colleges and universities to provide in-state tuition rates and free tuition based on certain income circumstances to immigrants in the country illegally who maintain state residency.

Federal law prohibits higher education facilities from providing education benefits to illegal immigrants, which are not offered to U.S. citizens.

The lawsuit comes just weeks after the DOJ took actions against Texas for providing similar benefits to illegal immigrants.

DOJ SUES TEXAS FOR OFFERING IN-STATE COLLEGE TUITION TO ILLEGAL IMMIGRANTS IN ALLEGED VIOLATION OF FEDERAL LAW

The sun shines on the Minnesota State Capitol on Monday, Feb. 12, 2024, in St. Paul, on the opening day of the 2024 session of the Minnesota Legislature. Lawmakers have a relatively modest agenda ahead after a momentous 2023 session that saw Democrats use their newfound full control of the statehouse to enact an ambitious list of their priorities. (AP Photo/Steve Karnowski)

Both lawsuits have been filed in response to two executive orders signed by President Donald Trump since returning to the Oval Office in January.

The executive orders were signed to ensure illegal immigrants cannot receive taxpayer benefits or preferential treatment.

One of the orders, "Ending Taxpayer Subsidization of Open Borders," ordered all agencies to "ensure, to the maximum extent permitted by law, that no taxpayer-funded benefits go to unqualified aliens."

The other order, "Protecting American Communities From Criminal Aliens," directs officials to "take appropriate action to stop the enforcement of State and local laws, regulations, policies, and practices favoring aliens over any groups of American citizens that are unlawful, preempted by Federal law, or otherwise unenforceable, including State laws that provide in-State higher education tuition to aliens but not to out-of-State American citizens."

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Ultimately, Texas complied with the DOJ and stopped enforcing the Texas Dream Act, which was originally introduced in February 2001.

The legislation, signed by Gov. Rick Perry, a Republican, June 16, 2001, removed federal immigration status as a factor in determining eligibility to pay in-state tuition at Texas public colleges and universities for students who graduate from a Texas high school and who meet the minimum residency, academic and registration criteria.

While the state immediately stopped enforcement, the American Civil Liberties Union (ACLU) has since intervened.

On Tuesday, the ACLU of Texas, alongside organizations like the Texas Civil Rights Project and Democracy Forward, filed a motion to intervene in the litigation to defend the constitutionality of the Texas Dream Act against the DOJ.

The ACLU said the DOJ’s order was agreed to by Texas without proper process and creates "sweeping uncertainty" for students and colleges.

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"As students prepare to attend school in the fall, the failure of neither the DOJ nor the attorney general to defend the Texas Dream Act threatens their ability to afford tuition – and suddenly threatens their dreams of pursuing higher education," the ACLU said in a press release. "By moving to intervene, these groups and individuals hope to challenge this abusive litigation strategy and defend the Texas Dream Act, which has enabled a generation of Texans to grow their careers and become leaders in our communities."

Fox News Digital has reached out to Gov. Greg Abbott’s office for comment on the matter.