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The Department of Justice filed suit Monday against New York, Connecticut, and Vermont — three blue states that have been quietly handing illegal aliens a benefit that out-of-state American citizens don’t receive: in-state tuition and financial aid at their public universities.
The legal principle at stake is not complicated. Federal immigration law has long prohibited states from giving illegal aliens benefits that aren’t equally available to American citizens. States can’t simply declare someone a “resident” because they have a local address and use that declaration to unlock subsidized tuition — especially when an American student from a neighboring state would pay full out-of-state rates at those same institutions.
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