Oklahoma announced the end of the state’s policy of giving in-state tuition to noncitizens shortly after the US Department of Justice filed a complaint alleging that the practice is unconstitutional.
“Rewarding foreign nationals who are in our country illegally with lower tuition costs that are not made available to out-of-state American citizens is not only wrong—it is discriminatory and unlawful,” Oklahoma Attorney General Gentner Drummond said in a Tuesday press release..
Shortly after the DOJ filed its complaint with the US District Court for the Eastern District of Oklahoma, the parties filed a joint motion asking the court to rule that the state’s policy violates the supremacy clause in the US Constitution and to issue a permanent injunction. The supremacy clause requires overriding a state law that interferes with or is contrary to US law.
DOJ’s complaint said Oklahoma law offers cheaper tuition to noncitizens than it does for US citizens who live out of state. This law conflicts with a federal statute that says noncitzens won’t be eligible for a postsecondary education benefit unless a US citizen is eligible for that benefit, the DOJ said.
The complaint said the federal law requires all US citizens to get a benefit regardless of residency before noncitizens get that benefit based on residency.
The case is United States v. State of Okla., E.D. Okla., No. 6:25-cv-00265, joint motion 8/5/25.
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