Judge tosses DOJ tuition challenge

A federal judge dismissed the DOJ’s suit challenging Minnesota’s in‑state tuition policy for undocumented students on Mar 27, allowing state universities to keep offering in‑state rates and scholarships. (halifax.citynews.ca)

The Department of Justice filed United States v. Walz in the U.S. District Court for the District of Minnesota on June 25, 2025, listing the action as No. 25‑cv‑2668. (justice.gov) The complaint targeted Minn. Stat. §135A.043 (the Resident Tuition statute) and Minn. Stat. §136A.1465 (the North Star Promise scholarship) and alleged they conflict with 8 U.S.C. §1623(a), the IIRIRA bar on postsecondary benefits for unlawfully present noncitizens. (law.justia.com) Defendants named in the suit were Governor Tim Walz, Attorney General Keith Ellison, the State of Minnesota and the Minnesota Office of Higher Education. (law.justia.com) Minnesota moved to dismiss the complaint on July 23, 2025 under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), arguing the challenged provisions do not confer benefits “on the basis of residence” and noting eligibility metrics such as three years of Minnesota high‑school attendance and graduation. (clearinghouse.net) The DOJ characterized the Minnesota case as part of a broader enforcement push that included contemporaneous litigation against Kentucky and a prior DOJ victory in Texas that the department cited in its June 2025 filing. (highereddive.com) U.S. District Judge Katherine M. Menendez signed an order granting the defendants’ motion to dismiss (Document 42) in United States v. Walz on March 27, 2026, as reflected on the district‑court docket. (law.justia.com)

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