United States v. Massachusetts
The Department of Justice’s Civil Division sues Massachusetts challenging a state law providing in-state tuition and financial assistance to undocumented state residents.
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- Litigation Status Case Pending: No decision yet on harmful policy
On June 29, 2026, the Department of Justice sued the Commonwealth of Massachusetts and the Massachusetts Board of Higher Education over the state’s policy allowing in-state tuition benefits for undocumented students. Under the “High School Completers” Tuition Equity Law, House Bill H4040, signed into law in 2023, undocumented students who grew up in the state can pay in-state tuition rates if they meet various criteria, including attending high school in the Commonwealth for at least three years and having earned a diploma or the equivalent in the Commonwealth. The Department of Justice claims Massachusetts 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.