University of Minnesota campus
University of Minnesota campus (Photo by Stephen Maturen/Getty Images

The Trump administration has filed a lawsuit against the state of Minnesota, challenging its policy of offering in-state college tuition and financial aid to certain undocumented students.

The lawsuit, filed by the U.S. Department of Justice in federal district court, names Governor Tim Walz, Attorney General Keith Ellison, and the Minnesota Office of Higher Education as defendants.

The suit, reported by The Associated Press, argues that Minnesota's policies violate federal law by granting benefits to noncitizens that are not equally available to all U.S. citizens. Specifically, it targets the state's North Star Promise program and the 2013 Minnesota Dream Act, which allow undocumented students who meet certain criteria to access in-state tuition rates and state financial aid.

"No state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens," said U.S. Attorney General Pame Bondi in a statement, adding that "The Department of Justice just won on this exact issue in Texas, and we look forward to taking this fight to Minnesota in order to protect the rights of American citizens first."

The legal action follows similar lawsuits brought earlier this month in other states. In Texas, state officials agreed to end a decades-old law granting in-state tuition to undocumented students just hours after the DOJ filed a suit, while Kentucky is currently defending a regulation requiring public institutions to offer in-state tuition to undocumented residents, which the DOJ also argues conflicts with federal law.

The DOJ's complaint in Minnesota asserts that the state's policies constitute a "substantial" form of discrimination against U.S. citizens, particularly those from out of state who are required to pay higher tuition. Supporters of in-state tuition laws argue that the benefits are legal when they are extended to any student who meets specific residency and graduation criteria, regardless of immigration status.

Governor Walz's office told AP that it is reviewing the lawsuit "to better understand what this means for the state."

According to the National Immigration Law Center, more than 20 states currently offer in-state tuition to undocumented students, and at least 16 allow them access to state financial aid.

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