The Justice Department Files Complaint Challenging Oklahoma Law Providing In-State Tuition for Illegal Aliens

The United States is challenging an Oklahoma law providing in-state tuition for illegal aliens. This law unconstitutionally discriminates against U.S. citizens, who are not afforded the same privileges, in direct conflict with federal law. On Tuesday, Aug. 5, the Department of Justice filed a complaint in the Eastern District of Oklahoma against the State of Oklahoma seeking to enjoin the State from enforcing the Oklahoma law and bring them into compliance with federal requirements.

In the complaint, the United States seeks to enjoin enforcement of an Oklahoma law that requires colleges and universities to provide in-state tuition rates for all aliens who maintain Oklahoma residency, regardless of whether those aliens are lawfully present in the United States. Federal law prohibits institutions of higher education from providing benefits to aliens that are not offered to U.S. citizens. The Oklahoma law blatantly conflicts with federal law and is thus in conflict with the Supremacy Clause of the U.S. Constitution.

This lawsuit follows two executive orders signed by President Trump that seek to ensure illegal aliens are not obtaining taxpayer benefits or preferential treatment. The first, “Ending Taxpayer Subsidization of Open Borders” orders all agencies to “ensure, to the maximum extent permitted by law, that no taxpayer-funded benefits go to unqualified aliens.” The second, “Protecting American Communities From Criminal Aliens,” directs relevant 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.”