The U.S. Department of Justice has filed a lawsuit against the State of Minnesota, Governor Tim Walz, and Attorney General Keith Ellison over a state program that allows undocumented students to receive in-state and even free college tuition.
The federal government argues that Minnesota’s Dream Act and the North Star Promise scholarship program violate federal law by offering education benefits to undocumented immigrants that are not extended to U.S. citizens from out of state.
“No state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens,” said U.S. Attorney General Pamela Bondi.
“We just won on this exact issue in Texas, and we intend to do the same in Minnesota.”
The North Star Promise, which launched in 2024, covers tuition and fees for low- and middle-income Minnesota students. To qualify, students must come from families earning under $80,000 annually and must be classified as Minnesota residents. However, citizenship status is not a listed eligibility requirement.
The state’s Dream Act, passed in 2013, allows undocumented students to qualify for in-state tuition and financial aid if they attended a Minnesota high school for at least three years and graduated.
According to the Minnesota Office of Higher Education—also named in the lawsuit—139 undocumented students received nearly $383,274 in North Star Promise funding in the most recent academic year.
State Officials and Advocates Respond
DFL Senator Sandy Pappas, who championed the Dream Act, criticized the lawsuit.
“We worked so hard to get that passed. I’m just sad that the federal government is trying to undo it,” she said. “I know the Attorney General will fight back hard.”
A spokesperson for Attorney General Ellison confirmed the office is reviewing the lawsuit and plans to “vigorously defend the state’s right to offer affordable tuition to all of its residents, regardless of citizenship.”
Carolina Ortiz, of the immigrant advocacy group COPAL MN, called the lawsuit “heartbreaking.”
“As someone who grew up undocumented, I know what it’s like to be denied access to affordable education,” she said. “This program gave people like me a chance.”
Political Debate Continues
The topic sparked debate at the state capitol this year. Republicans pushed legislation to make undocumented individuals ineligible for the North Star Promise and MinnesotaCare, the state’s health insurance program. While the healthcare restrictions passed, the effort to limit tuition aid failed.
Sen. Jordan Rasmusson, one of the bill’s sponsors, defended the GOP’s push.
“We can’t afford to be a magnet for illegal immigration by offering taxpayer-funded free tuition,” he said. “It’s not fair to legal residents already struggling with rising tuition and taxes.”
The case marks the third lawsuit filed by the Trump administration this month targeting state-level tuition benefits for undocumented immigrants, following similar legal actions in Texas and Kentucky.
