SANTA FE, N.M. — The U.S. Department of Justice has filed a lawsuit against New Mexico, challenging a state law that allows certain undocumented students to receive in-state tuition rates and state financial aid at public colleges and universities.
The lawsuit is one of four filed this week against New Mexico, Arizona, Oregon, and Washington, targeting state policies that provide tuition benefits to students regardless of their immigration status.
According to the Justice Department, New Mexico’s law conflicts with federal law by allowing undocumented students who meet state residency and educational requirements to qualify for benefits that may not be available to some U.S. citizens living outside the state.
The DOJ argues the policy discriminates against American citizens who do not qualify for the reduced tuition rates and creates incentives for illegal immigration.
At issue is Senate Bill 582, which was approved by the New Mexico Legislature in 2005. The law prohibits public colleges and universities from denying admission based on a student’s immigration status.
The measure also allows students to qualify for in-state tuition if they attended a New Mexico secondary school for at least one year and either graduated from a New Mexico high school or obtained a GED in the state.
In addition, the law permits eligible students to receive certain forms of state financial aid.
The lawsuit asks a federal court to prohibit New Mexico from enforcing the portions of state law that provide in-state tuition, scholarships, and financial assistance to qualifying undocumented students.
The Department of Justice says the challenged policies are inconsistent with federal immigration law and should be invalidated.
A response from New Mexico state officials was not immediately included in the court filing announcement.
