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The U.S.Department of Justice is suing Colorado over the offering of in-state tuition and financial aid for illegal immigrants attending public colleges and universities, the latest legal challenge over what critics say amounts to discrimination against U.S.
citizens.The lawsuit, filed Thursday in Colorado federal court, names the Colorado Commission on Higher Education, the state Department of Higher Education, and its director, JB Holston, as defendants."For three decades, Congress has made clear that Colorado cannot give education benefits to illegal aliens that it does not give to all American citizens," said Associate Attorney General Stanley Woodward."By granting illegal aliens in-state tuition, Colorado is not only violating federal law but subsidizing education for illegal aliens at taxpayers’ expense."NEBRASKA ENDS IN-STATE TUITION BENEFITS FOR ILLEGAL IMMIGRANTS UNDER DOJ DEALUniversity of Colorado Denver on the Auraria Campus in Denver, Colo., on Wednesday, Oct.
22, 2025.(Denver Post via Getty Images)"Our litigation efforts will not cease until we have fulfilled President [Donald] Trump’s promise that illegal aliens will not obtain preferential treatment over our Nation’s own citizens," Woodward added.Fox News Digital has reached out to both agencies named in the lawsuit for comment, along with the office of Colorado Gov.
Jared Polis.The complaint argues that the Advancing Students for a Stronger Economy Tomorrow (ASSET) Act and related state policies violate a federal statute that prohibits states from offering higher education benefits to illegal immigrants based on their residency, unless the same benefits are available to all U.S.citizens.FIRST ON FOX: DOJ sues Spanberger’s Virginia over laws kneecapping federal agents as mask war escalatesIn an effort to expand access to those benefits, Colorado reduced the high school attendance requirement from three years to one year, and removed a requirement that students must be admitted to college ...