United States v. Rhode Island

The Department of Justice’s Civil Division sues Rhode Island challenging a state law providing in-state tuition and financial assistance to undocumented state residents.

On June 29, 2026, the Department of Justice sued the state of Rhode Island, the Rhode Island Board of Education, the Rhode Island Council on Postsecondary Education, and Rhode Island Commissioner of Postsecondary Education Shannon Gilkey over the state’s policy allowing in-state tuition benefits for undocumented students. Under the Rhode Island Student Success Act, signed into law in 2021, 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 state for at least three years and having earned a diploma or the equivalent in the state. The Department of Justice claims Rhode Island 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 

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