On Wednesday, June 25, 2025, Attorney General Pam Bondi filed a complaint in the United States District Court for Minnesota, challenging the reduced in-state tuition for immigrants present in the United States without lawful status. Not only is this an attack on people who live in the state of Minnesota, but it is also not discrimination against United States citizens as the Attorney General claims.
In-state tuition is defined in Minnesota as 1) They resided in the state for at least one calendar year immediately prior to applying for admission, or dependent students who have a parent or legal guardian residing in Minnesota on the sate the students apply. 2) They are Minnesota residents who can demonstrate that they were temporarily absent from the state without establishing residency elsewhere. 3) They moved to the state for employment purposes, and before moving and before applying for admission to a public postsecondary institution, accepted a full-time job in the state, or they are students who are spouses or dependents of such persons.
The Attorney General is treating these immigrants like they do not reside in the state of Minnesota. Residents of Minnesota who are Lawful Permanent Residents or citizens of the United States also enjoy this benefit, provided they fulfill the criteria listed by the State.
Attorney General Bondi just won a similar case in Texas, where she says, “The Justice Department commends Texas leadership and AG Ken Paxton for swiftly working with us to halt a program that was treating Americans like second-class citizens in their own country,” said Attorney General Pamela Bondi. “Other states should take note that we will continue filing affirmative litigation to remedy unconstitutional state laws that discriminate against American citizens.” The problem with this statement is that it does not violate any laws or discriminate against American citizens. If you reside in the state of Minnesota, you are eligible for in-state tuition. The tuition is not coming from Minnesota itself; the student still has to pay the in-state tuition.
In the complaint, Attorney General Bondi states that “no taxpayer-funded benefits go to unqualified aliens,” as specified in Executive Order 14218, signed on February 19, 2025. But Executive Orders are not the law in the traditional sense. They are legally binding orders to federal agencies on how to implement the law, but they are not the law. Only Congress can create new laws, and by their nature, Executive Orders can only influence how existing laws are enforced.
This administration continues to interfere in how states and private businesses should conduct their affairs; an approach that is anathema to traditional republican principles. However, under this administration, principles do not matter as long as the desired goals are achieved.
In essence, Executive Order 14218, as a basis for this complaint, is on shaky ground as it is not a law passed by Congress. It remains to be seen how the United States District Court will handle this. However, it is not conflicting with Minnesota or federal law.