On August 10, 2026, the Department of Justice sued the state of New York, the Board of Trustees of the State University of New York, the Board of Trustees of the City University of New York, New York Higher Education Services Corporation, and the Acting President of the New York Higher Education Services Corporation over the state’s policy allowing in-state tuition benefits for undocumented students. Since 2002, New York law allows students regardless of immigration status to pay in-state tuition rates if they meet various criteria, including 1) attending a New York high school for at least two years, and 2) graduating from a New York high school or receiving a GED. The Department of Justice claims New York 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.