Massachusetts state senators are bragging about blocking federal immigration agents and handing taxpayer-funded college money to people in the country illegally, and now the Trump administration’s Justice Department is suing to stop it.
Story Snapshot
- The Massachusetts Senate passed the PROTECT Act, limiting police cooperation with federal immigration agents.
- A 2023 state law gives in-state tuition and financial aid to undocumented students who attended Massachusetts high schools.
- The Justice Department sued Massachusetts and Rhode Island, saying the tuition benefits break federal law.
- Federal lawyers say the policy punishes American citizens from other states who pay higher tuition.
PROTECT Act Blocks Police From Helping Federal Agents
Massachusetts senators passed the PROTECT Act, a law that stops state and local police from helping enforce federal civil immigration rules. The bill bans new 287(g) agreements, which let local police act as immigration officers. It also keeps immigration agents away from courthouses, schools, and hospitals, calling these “sensitive locations” that should stay open to everyone.
State officials point to a 2017 Massachusetts Supreme Judicial Court ruling, Commonwealth v. Lunn, as their legal basis. Attorney General Maura Healey said the court found no state law lets police hold someone solely because federal agents asked, once that person would otherwise be released. That ruling still shapes how far Massachusetts police can go in cooperating with federal immigration enforcement today.
Tuition Equity Law Pays College Costs for Undocumented Students
Governor Maura Healey signed the tuition equity law in August 2023, letting Massachusetts high school graduates get in-state college tuition no matter their immigration status. The law also opened the door to state financial aid through the Massachusetts Application for State Financial Aid, meaning undocumented students can now receive taxpayer-backed scholarships and grants on top of lower tuition rates.
Justice Department Sues Over Discrimination Claims
The Justice Department filed federal lawsuits against Massachusetts and Rhode Island, arguing the tuition laws discriminate against American citizens. Federal lawyers say the policies create incentives for illegal immigration and reward people here unlawfully with benefits U.S. citizens cannot get. The complaint seeks a court order stopping both states from enforcing the tuition and financial aid rules.
Federal lawyers lean on a 1996 law that bars states from giving tuition breaks to unlawfully present immigrants unless U.S. citizens from any state get the same deal. The Justice Department says Massachusetts cannot dodge that rule just by basing eligibility on high school attendance instead of residency. The Boston Herald reported the lawsuit claims out-of-state American citizens pay higher tuition while undocumented students pay less.
The Boston Globe reported the lawsuit puts the future of the entire tuition equity policy in question, with a federal judge now deciding whether Massachusetts can keep the benefits in place while the case moves forward. Massachusetts officials have defended the law as supporting immigrant communities and public safety, but they now face a direct federal legal challenge questioning whether state generosity can override national immigration law.
A Decade-Old Fight Over State Versus Federal Power
This clash is not new. States have limited cooperation with federal immigration enforcement for over two decades, while federal officials argue those limits weaken uniform national enforcement. Some academic studies claim sanctuary-style policies do not raise crime rates, but those studies do not address the core legal question now before the courts: whether states can legally hand out taxpayer-funded benefits to people living in the country illegally while billing American citizens more.
For conservative families footing the tax bill, the real issue is simple. Massachusetts chose to give college discounts and state aid to undocumented students while charging citizens from other states full price. The Justice Department’s lawsuit argues that violates both federal law and basic fairness, and the outcome could decide whether other states can follow Massachusetts down the same path.
Sources:
pjmedia.com, malegislature.gov, commonwealthbeacon.org, wbur.org, yahoo.com
