Washington state sued by DOJ over in-state tuition for students without legal status

Paige Cornwell, The Seattle Times on Aug 28, 2026

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SEATTLE — The Department of Justice on Thursday sued Washington and three other states over its policies that allow students in the country without legal status to qualify for in-state tuition at public higher education institutions.

Students lacking legal status have been eligible for in-state tuition rates at Washington state colleges and universities since 2003, provided they meet certain residency and diploma requirements. Under a 2014 state law, the students are also eligible to apply for financial aid from the state.

At Washington colleges and universities, an estimated 15,216 students are in the country without legal status, accounting for about 3% of all students, according to an American Immigration Council analysis of 2024 census data. It’s unclear how many received in-state tuition.

The justice department argues in its lawsuit that Washington’s policies violate federal law and constitute “blatant unequal treatment” that favor those students who have lived in Washington over U.S. citizens from other states who aren’t eligible for in-state tuition.

“This Department of Justice will not tolerate American students being treated like second-class citizens in their own country,” Assistant Attorney General Brett A. Shumate said in a news release.

University of Washington in-state tuition at its Seattle campus is $13,406, compared with $44,460 for nonresident tuition. At Evergreen State College, resident tuition is $8,643 and nonresident is $32,805. Bellevue College’s tuition for a Washington resident is $4,935 and $7,878 for a nonresident.

Washington Attorney General’s Office spokesperson Mike Faulk called the lawsuit politically motivated and said the office looks forward to defending Washington law.

“The administration is challenging longstanding Washington laws that recognize the potential and promise of all our residents regardless of citizenship status,” Faulk said in a statement.

The justice department also filed lawsuits Thursday against Oregon, New Mexico and Arizona, bringing the total number of states with challenged in-state tuition laws to 21.

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