United States v. Hawaii

The Department of Justice sues Hawaii for state laws that provide in-state tuition and financial aid to undocumented students.

On September 10, 2026, the U.S. Department of Justice (DOJ) sued the State of Hawaii and the University of Hawaii to block laws allowing qualifying undocumented students to receive resident tuition and state-funded financial assistance. Hawaii permits these benefits to students of any citizenship or immigration status who satisfy specified residency requirements—including establishing a continuous physical presence in Hawaii for at least 12 consecutive months and graduating from a Hawaii high school or completing a GED in the state. Hawaii also makes certain financial aid programs available to students based on residency. DOJ claims Hawaii’s policy 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. 

  

Case Details

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Defendant

Plaintiffs

Defendants