The Department of Justice is suing Massachusetts to block undocumented students from accessing in-state tuition rates at public colleges and universities.
The lawsuit targets the state’s Tuition Equity Law, which allows immigrants, regardless of legal status, to pay the same tuition as other Massachusetts residents and access financial aid.
Sarang Sekhavat, chief of staff for the Massachusetts Immigrant and Refugee Advocacy Coalition, said the law has had a positive impact on immigrant youths and the state as a whole.
“We’re increasing our knowledge base in the state,” Sekhavat said. “We’re improving our labor force. We’re increasing our tax base by doing things like this.”
The DOJ argues the law “unconstitutionally discriminates against U.S. citizens” and “creates incentives for illegal immigration.”
Sekhavat said the law was created to ensure equal treatment for all students, including those who grew up in Massachusetts but did not have the same opportunities as their peers.
The DOJ has filed similar lawsuits over in-state tuition programs in at least a dozen other states, including Rhode Island earlier this week. Officials in Kentucky, Nebraska, Oklahoma and Texas agreed to end their policies.
A federal judge dismissed a lawsuit in Minnesota, finding that federal immigration law does not pre-empt the state’s statute, but the DOJ has filed an appeal.
Sekhavat said he is confident in Massachusetts Attorney General Andrea Campbell’s ability to defend the state’s education standard.
“For the students who are out there who are nervous about this, we do have the law on our side,” Sekhavat said. “Be patient. This is going to take a while to play out, but we do think eventually we’ll get a positive result out of this.”
More than 12,000 undocumented students are currently enrolled in Massachusetts public colleges and universities, according to the Higher Ed Immigration Portal. An estimated 1,000 undocumented students graduate in the state each year.
DOJ sues MA to block in-state tuition, aid for undocumented students was originally published by Public News Service and is republished with permission.
