The U.S. Department of Justice has filed a lawsuit against Colorado over state policies that allow some undocumented students to receive lower tuition rates and state financial aid at public colleges.
The case was filed Thursday in federal court in Denver. At the center of the lawsuit is Colorado’s ASSET Act, a law approved by voters in 2013 that expanded access to higher education for certain students without legal immigration status.
Under current Colorado law, students may qualify for resident tuition rates if they attended high school in the state or meet other residency-related requirements. Some are also able to apply for state financial assistance programs.
Federal officials argue that Colorado’s policies conflict with federal immigration law. The lawsuit states that states cannot offer education benefits connected to residency status to people who are in the country unlawfully unless those same opportunities are extended to U.S. citizens nationwide.
Justice Department officials said Colorado’s tuition policies give undocumented students access to reduced costs that many American citizens living outside the state cannot receive. The department is asking the court to stop the state from continuing to enforce the challenged laws.
Associate Attorney General Stanley E. Woodward Jr. said the administration believes Congress settled the issue years ago and that states are not permitted to create exceptions. Assistant Attorney General Brett A. Shumate described the lawsuit as a straightforward question involving federal statutes governing postsecondary education benefits.
The complaint names the Colorado Commission on Higher Education, the Colorado Department of Higher Education, and the department’s executive director, JB Holston.
Colorado officials have largely avoided commenting on the case so far. The state’s Attorney General’s Office declined to provide a statement after the lawsuit was announced.
Gov. Jared Polis’ office defended Colorado’s approach. A spokesperson said decisions about in-state tuition should remain with individual states and argued that expanding access to education helps students prepare for jobs after graduation.
Debate over the issue is not new in Colorado. Supporters of the ASSET Act have said for years that students who grew up and attended school in the state should have a chance to continue their education. Critics have maintained that taxpayer-supported tuition rates should not be offered to people living in the country without legal status.
Democratic Sen. John Hickenlooper criticized the federal government’s action, saying many of the students affected have spent most of their lives in Colorado and are seeking opportunities through higher education.
The lawsuit is the latest in a series of similar cases brought by the Justice Department. According to federal officials, this is the 14th challenge involving state tuition policies for undocumented students. Previous cases in states including Texas, Kentucky, Oklahoma, and Nebraska have resulted in court rulings that blocked comparable programs.
Court records do not indicate how many Colorado students could be affected if the lawsuit succeeds. The case will now move through the federal court system in Denver.
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