The U.S. Department of Justice is escalating its legal fight with Minnesota over in-state tuition eligibility for certain undocumented students after a federal judge dismissed the initial lawsuit. DOJ appealed the March decision, which will move the case to the Eighth U.S. Circuit Court of Appeals. Minnesota’s policy allows eligible undocumented students—such as those who attended and graduated from a Minnesota high school—to qualify for in-state tuition rates. The law also pairs access with scholarship support through Minnesota’s North Star Promise Scholarship for students meeting income and eligibility criteria. DOJ has sued multiple states with similar policies, arguing they conflict with federal law by offering benefits to noncitizens that citizens do not receive. Minnesota leaders and the judge in the dismissed case said the law can also benefit Minnesota citizens, including students who attended state schools. Higher education impact is immediate: tuition rate setting affects enrollment decisions, scholarship planning, and institutional budgeting. The appeal also reflects how federal enforcement can reshape state student access policies through litigation timelines rather than rulemaking.
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