Feds sue Oregon community colleges and universities, including Columbia Gorge Community College

“We are reviewing the filing with legal counsel and coordinating with the appropriate state and higher-education partners,” read a statement from CGCC Communications Officer Tom Penberthy. “CGCC will continue to comply with applicable law and court orders, and the complaint contains allegations that have not been decided in court. Because this is pending litigation, we cannot comment further.”

The DOJ sued three other states that day, too: Washington, Arizona, and New Mexico. That makes 21 states the federal government has sued over this, according to its own statements.

Oregon’s House Bill 2787, passed on a bipartisan vote in 2013, allows non-citizens who “meet program requirements” to pay in-state tuition and get state financial aid. The federal government is challenging this law. To qualify for in-state tuition, an undocumented student — as for a citizen — must be an Oregon resident.

Just 1.7% of students in Oregon were undocumented in 2023, according to the President’s Alliance on Immigration and Higher Education, a nonpartisan nonprofit.

Without House Bill 2787, undocumented local residents would pay higher, out-of-state tuition rates. At CGCC, in-state tuition is $125 per credit this year for Oregon, Washington, Idaho California and Nevada residents; out-of-state students pay almost twice as much, at $245.

The lawsuit alleges House Bill 2787 is against federal law, which it says “prohibits illegal aliens from receiving tuition benefits that are denied to U.S. citizens residing in other states.”

The DOJ is asking for a permanent injunction to stop undocumented residents from getting financial aid or in-state tuition, and to pay the federal government’s legal fees.

The argument is that if two local residents, one a citizen and one undocumented, both got in-state tuition, that would be a disadvantage for the citizen.

In five of the other 20 states being sued, similar laws allowing undocumented residents to access in-state tuition and assistance were struck down in court as a result. Minnesota and Virginia have successfully defended theirs. The other lawsuits are still in progress.

Oregon’s justice department, and most of the colleges named, are fighting the lawsuit, which could take months or years to be decided. Oregon Attorney General Dan Rayfield and Gov. Tina Kotek made statements of support. So did Gov. Bob Ferguson; Washington is also fighting the lawsuit.

Until it is decided, nothing changes for students, according to a statement from Oregon’s Higher Education Commission. Students can still access in-state tuition and assistance, and the commission assured that no students are being personally investigated and can continue their education as planned.