Updated August 5, 2025 at 8:12 PM CDT
In a federal lawsuit the DOJ and DHS contend federal law prohibits migrants not lawfully in the country from getting in-state college tuition that's denied to out-of-state students who are U.S. citizens.
Oklahoma statutes allow for students without a valid immigration status to enroll in state schools as long as they can show proof they've applied for permanent residency. That includes high school graduates who've been in the state for at least two years, and recipients of the Deferred Action for Childhood Arrivals, or DACA, program.
Still, court documents say the state of Oklahoma agrees with the plaintiffs that federal law preempts state statutes making a college education accessible to unauthorized migrants who meet certain criteria.
"This unequal treatment of Americans is squarely prohibited and preempted by federal law, which expressly provides that an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State…for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit," the Aug. 5 complaint reads.
The goal is to end state educational support for such migrants, no exceptions, per the complaint.
In practical terms, the move would make it more expensive for students who already don't get state financial aid without already meeting immigration-related admission requirements, professional and occupational licenses or state identification cards.
A study using available census data by The President's Alliance on Higher Education and Immigration shows less than 2% of students enrolled in Oklahoma state universities are considered "undocumented" or without valid immigration status.
That translates to fewer than 1,000 individuals graduating high school each year, per the organization's Higher Ed Immigration Portal.
The plaintiffs in the case requested "injunctive relief," or a decision to immediately stop in-state tuition for students without valid immigration status.
