Graduates of Lone Peak, Lehi and Skyridge high schools who lack legal immigration status could lose access to affordable college tuition under a federal lawsuit filed Friday, Sept. 11.

The U.S. Department of Justice sued Utah in federal court, challenging a 2002 state law that grants in-state tuition to undocumented students who attended a Utah high school for at least three years and graduated. The suit names the state, the Utah System of Higher Education (USHE) and USHE Commissioner Geoffrey Landward as defendants, ABC4 reported.

In-state tuition at the University of Utah runs $10,480 this academic year. Non-resident tuition is $32,932, according to Utah News Dispatch. A student who loses the waiver would face a tuition bill more than three times higher.

The DOJ filed suits the same day against similar laws in Hawaii, Arkansas and the District of Columbia, bringing its total challenges to 25 states. Courts have already struck down tuition-equity laws in six states, including Texas, Kansas and Illinois, the Deseret News reported.

Utah's law applies to students who came to the country as children and are ineligible for federal financial aid. Many are covered or formerly covered under the Deferred Action for Childhood Arrivals (DACA) program. To qualify, students must also file an affidavit stating they have applied or will apply to legalize their immigration status.

The lawsuit follows a 2025 executive order from President Donald Trump directing the DOJ and the Department of Homeland Security to act against states offering resident tuition to immigrants without legal authorization.

Utah House Speaker Mike Schultz, R-Hooper, said he looks forward to "addressing this issue and making the necessary changes during the 2027 General Session." During the 2026 session, a House measure to end the tuition benefit passed narrowly but died in the Senate after opponents argued it could make college unaffordable for students who have lived most of their lives in Utah.

Senate President Stuart Adams said in a statement that the Senate "is committed to protecting Utah taxpayers, respecting those who follow the legal immigration process and ensuring Utah law is fair, lawful and consistent with federal requirements."

Utah Attorney General Derek Brown declined through a spokesperson to comment, citing ongoing litigation.

USHE said in a statement that it supports students who meet eligibility requirements and defers to the Legislature's authority on tuition policy.

Thomas A. Saenz, president of the Mexican American Legal Defense and Educational Fund (MALDEF), called the lawsuits "unprecedented and unwarranted" in a Friday, Sept. 11 statement. MALDEF and other advocacy groups are likely to petition the U.S. Supreme Court to take up the issue in the coming months, Inside Higher Ed reported.