Colorado vows to fight DOJ over undocumented student tuition
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Colorado is gearing up for another courtroom clash with the Trump administration after the U.S. Department of Justice sued the state Thursday over its laws allowing some undocumented students to qualify for in-state tuition and financial aid.
Why it matters: Colorado leaders are signaling they intend to vigorously defend the 13-year-old law, setting up the latest legal battle over the state's immigration policies.
State of play: The Justice Department argues Colorado's tuition and financial aid laws violate federal law by offering benefits to undocumented students that aren't available to all U.S. citizens.
- The lawsuit asks a federal judge to block enforcement of the laws, calling them unconstitutional.
Yes, but: Colorado isn't blinking.
What they're saying: The attorney general's office declined to comment on the merits of the lawsuit, saying only: "We'll do our talking in our court filings."
- A spokesperson for Gov. Jared Polis' office called the lawsuit "absurd," arguing states — not the federal government — should decide who qualifies for in-state tuition.
- Denver Mayor Mike Johnston, who sponsored the original ASSET Act as a state senator in 2013, told Axios in a phone interview the city "will fight this lawsuit with everything we have" alongside the state. The policy is "clearly legal," he argued.
Context: Passed more than a decade ago, the ASSET Act allows certain undocumented students who meet Colorado residency and education requirements to pay in-state tuition and qualify for state financial aid.
- Lawmakers expanded eligibility in 2022.
- Johnston told Axios the measure drew support from Republican lawmakers and university leaders who viewed it as a way to build a more educated workforce.
- "It's a slap in the face to the American dream that we've spent 15 years building," said Johnston, a former teacher and principal.
The big picture: The lawsuit is the latest in the Trump administration's nationwide campaign against state tuition benefits for undocumented students.
- Federal courts have already struck down similar policies in Texas and Oklahoma, while Kentucky agreed to end its program after being sued. A federal judge dismissed a similar lawsuit in Minnesota earlier this year.
What's next: The case now heads to federal court, where Colorado will seek to preserve one of its signature higher education laws.