The U.S. Department of Justice has revived its legal challenge to Minnesota’s in-state tuition and scholarship policies for undocumented students. DOJ appealed a March decision dismissing the government’s case and siding with Minnesota, sending the dispute to the U.S. Court of Appeals for the Eighth Circuit. Minnesota policy allows undocumented students to qualify for in-state tuition at public colleges if they attended and graduated from Minnesota high school (or earned a GED) and applied for lawful immigration status—an element Minnesota officials have waived because federal pathways do not exist for undocumented applicants. Students with household income under $80,000 can also receive the North Star Promise Scholarship that covers remaining tuition and fees after other aid. The administration is pressing parallel suits in other states, arguing that in-state tuition access for undocumented students violates federal law and discriminates against U.S. citizens who are not offered the same benefits. The case now becomes another test for how federal courts interpret preemption and anti-discrimination frameworks in state higher education benefit policies.
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