Oregon Fights Federal Push to Block Tuition Aid for Undocumented College Students
Oregon is again embroiled in a sanctuary state-related battle with the federal government – this one involving nearly 5,000 undocumented students attending its public colleges and universities.
The U.S. Justice Department (DOJ) is challenging the state laws of Oregon, Washington, New Mexico, and Arizona that provide in-state tuition and financial assistance for students they describe as “illegal aliens.” This brings the number of lawsuits the government has brought against various states to 21.
There are 4,730 Undocumented Higher Education Students in Oregon
Oregon has 215,019 higher education students, of whom 4,730, or 2.2%, are undocumented, according to the Presidents’ Alliance on Higher Education and Immigration.
Oregon’s 2013 Tuition Equity Act covers undocumented students at public universities, community colleges, and the Oregon Health & Science University.
Source: Oregon Higher Education Coordinating Commission 2023/24 undergraduate Tuition Equity data
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The DOJ claims this is “in clear defiance” of a 1996 federal law barring states from giving undocumented students residence based tuition benefits unavailable to U.S. citizens from other states.
The DOJ lawsuit claims the four states operate unconstitutional laws that “reward illegal aliens.”
The DOJ Will Not Tolerate American Students Who Are Treated Like Second-Class Citizens
Assistant Attorney General Brett A. Shumate says the DOJ “will not tolerate American Students being treated like second-class citizens.”
The DOJ has already won five similar lawsuits.
Other beneficiaries of the Oregon Tuition Equity Act are military veterans, including those serving in the military who are legal permanent residents living outside of Oregon.
The state’s Higher Education Coordinating Commission reported to the Legislature in 2025 that 698 veterans and 381 non-citizens received tuition under the Tuition Equity program in 2023-24. Lawmakers learned that the program offers savings that exceed $20,000 annually for full-time undergraduate students.
The commission reported that the Tuition Equity programs reflect Oregon’s firm commitment to veterans, their families, and non-citizens living in the state, while helping non-citizens new to the U.S. who had faced challenges in their home countries.
Oregon Attorney General Dan Rayfield points out that the Tuition Equity Act passed on a bipartisan vote, and Governor Tina Kotek says young people who grow up in Oregon and attend local schools are part of the community and the future of the state.