Colorado Gov. Jared Polis recently defended his state’s policy granting illegal immigrants eligibility for in-state college tuition and financial aid during a national television appearance, despite significant disparities between the rates paid by lawful U.S. citizens from other states and unauthorized residents.
The governor framed the issue as Colorado’s exclusive authority to define residency for educational purposes, grouping students arriving from Texas with those from Mexico when explaining his stance. Polis emphasized that individuals covered under the policy do not receive federal financial aid and maintained that state law governs residency determinations without federal interference.
Colorado’s ASSET Act, in effect for 13 years, permits certain unauthorized immigrants meeting state residency and educational requirements to qualify for in-state tuition and state financial assistance. The Justice Department filed a lawsuit targeting the policy, arguing that Colorado statutes violate federal law by providing education benefits based on residence rather than citizenship status.
The complaint asserts that states cannot confer such advantages on illegal immigrants without extending identical benefits to all U.S. citizens. Colorado is the 14th state sued over similar policies, with judicial victories in four other states and pending cases in nine additional states. State leaders intend to defend the law as federal courts weigh whether Colorado can retain its current eligibility rules for student aid.
Polis’s recent remarks directly addressed an active legal challenge, underscoring that his administration is actively implementing a policy where unauthorized immigrants receive reduced tuition rates while U.S. citizens from other states face higher out-of-state costs. A federal judge will now determine if Colorado’s approach complies with federal law.
