DOJ Sues Arkansas Over Immigrant Tuition Law

The Trump administration is suing the state of Arkansas over a 2019 law that allows certain immigrant students to pay in-state tuition at public universities. The lawsuit, filed by the Department of Justice (DOJ), targets Act 844, which provides tuition benefits to DACA recipients, individuals with federal work permits, and Marshall Islanders who meet specific residency and education requirements.

According to the DOJ, Act 844 violates federal law by giving preferential treatment to immigrants who are not lawfully present in the U.S. over U.S. citizens residing in other states. Federal statutes generally prohibit such benefits unless they are equally available to all U.S. citizens.

The law was originally championed by former State Representative Dan Douglas, a Republican. Douglas argued that the law provides a vital path to the "American Dream", allowing students to pursue essential careers, such as nursing, and give back to their Arkansas communities. He further noted that Arkansas already provides tuition waivers to U.S. citizens from neighboring states, suggesting that citizens are not actually being disadvantaged.

However, the Trump administration views these state laws as a breach of federal authority. In a press release, DOJ officials stated that they will continue to challenge any state regulations that grant tuition benefits to undocumented immigrants, arguing that American students should not be treated as second-class citizens in their own country.

The legal battle may be short-lived in Arkansas, as the state&339;s Attorney General's Office has already indicated that it will not defend Act 844. The office agreed that federal law preempts the state law and should not be enforced. This action is part of a wider national campaign; the DOJ has filed 25 similar lawsuits across the U.S., with several already resulting in court orders that declared such tuition laws unconstitutional.

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