noncitizens

June 30 (UPI) — The Trump administration has filed lawsuits challenging Massachusetts and Rhode Island laws that offer in-state tuition benefits to certain undocumented immigrants, alleging they unlawfully discriminate against U.S. citizens.

The lawsuits announced Monday are the latest the Justice Department has filed against state laws that offer in-state rates, financial aid or scholarships to certain undocumented immigrants who meet state residency or education requirements, which generally consist of living in the state for a number of years and attending high school there.

Justice Department lawyers allege these laws are illegal because they offer noncitizens benefits denied to U.S. citizens from other states.

“The Department of Justice is committed to fulfilling President Trump’s promise that illegal aliens will not receive taxpayer benefits or preferential treatment over America’s own citizens,” Associate Attorney General Stanley Woodward said in a statement.

“As our nation marks 250 years of freedom, we will continue to challenge state laws that place aliens over citizens in clear defiance of Congress’ commands.”

Massachusetts has extended eligibility for in-state tuition benefits, financial aid and scholarships at Massachusetts state schools to qualifying undocumented immigrants since 2023, while Rhode Island has allowed qualifying undocumented immigrants to pay in-state tuition costs going back to 2011. Rhode Island then codified this law in 2021.

The lawsuits filed Monday ask the courts to enjoin enforcement of these laws, saying they violate a federal statute, enacted in 1996, that specifically bans offering in-state tuition to any noncitizen “unless a citizen or national of the United States is eligible for such a benefit … without regard to whether the citizen or national is such a resident.”

Proponents of these laws, sometimes referred to as Dream Act laws, argue that without offering in-state tuition rates, post-secondary education will be kept out of reach for undocumented immigrants living in the United States, while such laws can reduce high school dropout rates as well as raise student incomes and tax contributions, among other economic benefits.

The Trump administration has been targeting these laws as part of President Donald Trump‘s aggressive immigration policy that has seen mass roundups and deportations of noncitizens.

In April 2025, Trump signed an executive order directing the attorney general to identify and stop the enforcement of state laws and policies “favoring aliens over any groups of American citizens,” specifically highlighting laws that “provide in-state higher education tuition to aliens but not to out-of-state American citizens.”

Since then, federal prosecutors have challenged laws in 12 states. Four lawsuits, against Texas, Kentucky, Oklahoma and Nebraska, have resulted in orders permanently enjoining the states’ in-state tuition laws, while Kansas last week joined the Justice Department in seeking a proposed consent decree that must be approved by the court.

The remaining challenges are pending against Illinois, Minnesota, Virginia, California, New Jersey, Massachusetts and Rhode Island, all Democratic-led states.

According to the Higher Ed Immigration Portal, about 20 states and Washington, D.C., provide in-state tuition to undocumented students, while 18 and the nation’s capital also provide state financial aid.

Ana Cruz was 13 when she arrived to the U.S. from Mexico with her family. But after 23 years of living in Los Angeles, raising two children and working as a community organizer, she has never been able to vote in any elections because of her status as a Deferred Action for Childhood Arrivals recipient, which doesn’t offer a pathway to citizenship.

She’s now among those backing a proposal from Los Angeles City Councilmember Hugo Soto-Martínez that would allow noncitizens to cast ballots in city and Los Angeles Unified School District elections.

“For me, it will be the first time I will have a chance to vote and help decide who represents me,” Cruz said during a press conference in support of the measure at City Hall Tuesday. “Without a doubt, this strengthens our democracy.”

Soto-Martínez is seeking council support to include the measure in a package of City Charter reforms that will go to voters for approval in the Nov. 3 general election. The council is scheduled to discuss this and other proposed charter changes Friday.

The expanded voting eligibility would only apply to Los Angeles city and Los Angeles Unified School District elections, and not county, state or federal contests.

Other cities and states, including Maryland, Vermont and San Francisco, have adopted similar measures.

“People have spent many years here, and in many cases, decades, contributing to the city of Los Angeles,” Soto-Martinez said. “This is about local representation and local democracy.”

The proposal has already faced push back.

Ira Mehlman, spokesperson for the Federation for American Immigration Reform, said Tuesday that noncitizens who pay taxes benefit from public services, and temporary status serves as a probationary period until people take an oath to become citizens.

“Citizenship does mean something, it means you are a fully participating member of society,” he said. “It doesn’t seem unreasonable to say you’ve got to do some time here and demonstrate that you’re somebody that we want as a citizen.”

If placed on the ballot and approved by voters, the City Council would then need to pass an ordinance creating a residential voting program and establishing eligibility requirements.

While those requirements have yet to be determined, advocates have discussed possible options might include extending voting to lawful permanent residents, or green card holders, DACA recipients and others who live, work and pay taxes Los Angeles, according to the council member’s office.

Soto-Martínez first pitched the idea in April, with the support of councilmember Ysabel Jurado, who also signed the motion.

Soto-Martínez represents District 13, which includes many immigrant and mixed-status communities living in Echo Park, Hollywood and Filipinotown. He said the Trump administration has terrorized communities by conducting mass immigration raids and breaking up families, and that his measure is aimed at underscoring the city’s values.

“We say L.A. is for everyone, and that means no exceptions,” he said.

Among those who could benefit are Grace McManus, a Filipina mother, caregiver and resident of L.A. for 24 years. With permanent resident status, she said she has no say in electing officials who shape her everyday life, despite contributing taxes and caring for the elderly.

“I am too familiar with the feeling of working and taking on low-wage work while feeling invisible because my voice is disregarded just because of our broken immigration system,” McManus said.

Public speakers at Tuesday’s City Council meeting also urged approval.

“Trump and MAGA want to limit voting. We need to fight to expand it, so all of our neighbors have the same rights as us,” said Julie Van Winkle, vice president of the United Teachers Los Angeles, during public comment.

Martha Arévalo, executive director of the Central American Resource Center, stood alongside Soto-Martínez as he rallied for support.

“We know that immigrant communities uphold the economy in this nation, and I think that people who contribute to their community, that call this home, should have a say in their local government,” Arévalo said.