ELEPHANT BUTTE, N.M. — The U.S. Department of Justice on Thursday sued New Mexico's Higher Education Department, challenging a 2005 state law that grants in-state tuition and financial aid to students regardless of immigration status. The suit, filed alongside similar complaints against Arizona, Oregon and Washington, argues the policy discriminates against U.S. citizens who don't qualify for the same reduced rates. Senator Crystal Brantley (R-District 35) released the following statement:
"New Mexico has looked the other way on this loophole for years despite Republican outcry. I'm glad the USDOJ didn't. This isn't about shutting the door on opportunity. It's about fairness, accountability, and putting New Mexico students first. Our taxpayers deserve that. And our students certainly do."
The Legislative Finance Committee estimates the Lottery and Opportunity Scholarship programs will face a combined $9.9 million shortfall in FY27, growing to $35.9 million in FY28, as program costs continue to outpace recurring revenue.
New Mexico is one of 21 states the DOJ has now sued over similar policies. Full details on theDOJ's complaint are available here. The scholarship funding figures cited above are drawn from the Legislative Finance Committee's most recent published analysis of the Lottery and Opportunity Scholarship programs as well as in the analysis of SB 309.
