On July 23, 2026, the Department of Justice sued the state of Colorado, the Colorado Commission on Higher Education, and the Colorado Department of Higher Education s over the state’s policy allowing in-state tuition benefits for undocumented students. In 2013, Colorado passed the Advancing Students for a Stronger Tomorrow (“ASSET”) Act which allows undocumented students to pay in-state tuition rates if they meet various criteria, including 1) attending a high school in Colorado or at least one year before graduation or completing a GED in Colorado, and 2) if they have been physically present in Colorado at least 12 consecutive months before enrolling in college. The Department of Justice claims Colorado is violating federal law and discriminating against U.S. citizens who reside outside the state by providing benefits to undocumented students while denying them to out-of-state U.S. citizens.