Colorado is facing a lawsuit from the Department of Justice (DOJ) over its policy that provides in-state tuition to over 6,000 individuals who are unlawfully present in the U.S. Governor Jared Polis defended this policy during an appearance on ‘Fox & Friends Weekend’. He argued that the state has the right to define residency criteria for tuition purposes. He emphasized that these students do not receive federal financial aid.
During the discussion, Governor Polis also addressed issues like the rise of socialism and antisemitism within the Democratic Party. Meanwhile, the DOJ highlighted potential financial repercussions for states that fail to report undocumented migrants to the federal government. A legal opinion from the DOJ’s Office of Legal Counsel indicated that states could lose billions in welfare funding if they don’t comply.
The Office of Legal Counsel emphasized a significant shift in policy, insisting that all state agencies must report individuals who are unlawfully present to the Department of Homeland Security (DHS). This change is part of an effort to enforce President Trump’s strict stance on illegal immigration.
Previously, only agencies directly managing welfare programs needed to report illegal migrants, but now all state entities, including colleges and motor vehicle departments, are required to do so. Deputy Assistant Attorney General Joshua Craddock warned of serious consequences, such as the loss of program funding, for non-compliance.
President Trump has adopted an aggressive approach to both illegal and legal immigration since returning to the White House. This approach includes deploying federal agents to conduct raids and collaborating with local law enforcement to identify suspected illegal migrants.
The DOJ is pressuring Democrat-led states that resist federal immigration enforcement by threatening their federal funding. However, these actions might face legal challenges. Democrat-led states have already filed lawsuits to prevent DHS from accessing personal information of individuals receiving benefits from such welfare programs.
Courts have sometimes limited the administration’s attempts to mandate information sharing with DHS but allowed the collection of certain data, including Medicaid information, in specific cases.
Currently, all 50 states and Washington, D.C., adhere to the reporting requirements associated with Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI), which collectively receive significant federal funding.
- TANF grants exceed $16.5 billion annually.
- SSI benefits exceed $60 billion annually.
Illegal migrants are not eligible for these programs.

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