The U.S. Department of Justice has sued Washington state, alleging its laws allowing certain undocumented students to receive in-state tuition and state financi
The U.S. Department of Justice has sued Washington state, alleging its laws allowing certain undocumented students to receive in-state tuition and state financial aid violate federal immigration law.
The complaint, filed Thursday in U.S. District Court in Seattle, names the state, the governing boards of Washington’s public universities and colleges, and the Washington Student Achievement Council.
A file photo of the Washington State University campus. (KEPR File)The federal government argues that a 1996 federal law prohibits states from providing residency-based postsecondary education benefits to people not lawfully present in the United States unless the same benefits are available to U.S. citizens regardless of where they live.
Washington law allows some students without legal immigration status to qualify as resident students if they earned a high school diploma or equivalent, lived in the state for at least a year primarily for reasons other than higher education, and submit an affidavit saying they will seek permanent residency when eligible and are willing to pursue citizenship.
In a social media statement, Gov. Bob Ferguson said, "Washington state won’t be bullied into changing how we provide opportunities for young people in our state. We’ll see them in court, and we expect to win."
An image of Gov. Bob Ferguson giving a speech on February 17, 2026. (KOMO News)The lawsuit alleges those students can receive lower resident tuition rates while U.S. citizens who live outside Washington must pay nonresident tuition.
The complaint cites 2026-27 tuition figures showing undergraduate tuition at the University of Washington is $13,406 for residents and $44,460 for nonresidents.
It says Western Washington University charges residents $8,808 and nonresidents $27,717 for a year of tuition and fees.
The Justice Department also challenges Washington College Grant eligibility rules and the state’s Undocumented Student Support Loan Program.
The lawsuit alleges both programs extend residency-based financial assistance to undocumented students while excluding U.S. citizens from other states.
The federal government asks the court to declare the challenged statutes unconstitutional under the Constitution’s Supremacy Clause, permanently bar their enforcement, and award the United States its costs and fees.
