By: Robert Garrison | Denver7
DENVER — The U.S. Department of Justice is suing Colorado, arguing that the state’s laws granting in-state tuition and certain financial aid benefits to undocumented students violate the Constitution.
The complaint was filed Thursday in U.S. District Court in Denver.
President Donald Trump’s DOJ claims in the suit that federal law prohibits states from giving postsecondary education benefits to people “not lawfully present” based on state residency unless the same benefits are available to all U.S. citizens regardless of where they live.
“An alien who is not lawfully present in the United States shall not be eligible based on residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident,” reads the federal statuette that the DOJ is citing in the complaint.
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