A federal judge dismissed the U.S. Department of Justice’s challenge to a Minnesota law that allows some undocumented students to qualify for in-state tuition. The ruling blocks what would have been the first major win in the administration’s effort to end in-state tuition benefits for undocumented students. At issue was whether a federal statute barring undocumented students from receiving “any postsecondary education benefit unless” they are eligible under U.S. citizenship criteria pre-empted Minnesota’s approach. Judge Katherine Menendez concluded federal law did not pre-empt state policy, noting the Minnesota criteria are not based solely on in-state residency. Minnesota Attorney General Keith Ellison hailed the decision, while the DOJ’s broader litigation campaign continues across other states.
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