DOJ sues New Mexico for providing in-state tuition to undocumented students

(KVIA) -- Thursday, the U.S. Department of Justice filed a lawsuit against New Mexico and three other states, challenging their state laws that provide in-state tuition and financial assistance for undocumented migrants.

The DOJ argued that the financial assistance places undocumented migrants over U.S. citizens "in clear defiance of Congress's commands." It also said the states' laws discriminate against citizens who aren't afforded the same reduced tuition rates or scholarships.

In the complaint, the DOJ seeks to enjoin New Mexico's laws and regulations that require colleges and universities to provide in-state tuition rates for undocumented migrants who maintain in-state residency, regardless of whether they're legally present in the U.S.

The lawsuit also seeks to enjoin the state from enforcing its laws and regulations that offer financial assistance and scholarships to undocumented migrants.

In addition to New Mexico, the DOJ sued Arizona, Oregon and Washington. The four new lawsuits brought the DOJ's total to 21 lawsuits challenging in-state tuition for undocumented migrants.

In June 2025, the DOJ said it filed a similar complaint against a Texas law. Soon after, Texas asked the court to deem the law unconstitutional.

ABC-7 reached out to New Mexico Attorney General Raul Torrez for comment.