The Equal Protection Project (EPP), a civil-rights watchdog, filed a formal request on February 13 urging the U.S. Department of Justice to examine whether Colorado’s ASSET law illegally discriminates against U.S. citizens from other states. Adopted in 2013 and expanded in 2025, the statute allows certain undocumented students to pay in-state tuition if they attended a Colorado high school for at least one year and lived in the state for twelve months.
EPP argues that the benefit violates 8 U.S.C. § 1623, which bars states from offering post-secondary benefits to undocumented immigrants on more lenient terms than to out-of-state citizens. While nineteen states have similar policies, the group contends Colorado’s residency thresholds are among the lightest, creating what it calls a “national magnet” effect.
Students and families trying to parse shifting residency and immigration requirements may find it helpful to consult VisaHQ, a platform that provides real-time guidance on U.S. visa rules and related documentation. The service’s resource hub (https://www.visahq.com/united-states/) tracks policy changes across the country and can streamline paperwork for those weighing study or relocation options in Colorado or elsewhere.
![Watchdog Seeks DOJ Investigation of Colorado’s In-State Tuition Perk for Undocumented Students]()
If DOJ opens an inquiry and finds the law in breach, Colorado could face a cutoff of certain federal education funds and forced policy revisions—changes that would reverberate through university admissions and financial-aid offices before the 2026-27 academic cycle. Out-of-state students currently pay up to triple the resident tuition rate at flagship campuses like CU-Boulder.
For corporate mobility programs that sponsor employee dependents’ education costs or recruit graduates nationwide, a reversal could alter budgeting assumptions and candidate pipelines. Institutions may need to recalibrate scholarship allocations and clarify residency affidavits used during onboarding.
Colorado officials defend the ASSET framework as compliant with federal guidelines and vital to workforce development. The DOJ has not commented on whether it will pursue the complaint.
EPP argues that the benefit violates 8 U.S.C. § 1623, which bars states from offering post-secondary benefits to undocumented immigrants on more lenient terms than to out-of-state citizens. While nineteen states have similar policies, the group contends Colorado’s residency thresholds are among the lightest, creating what it calls a “national magnet” effect.
Students and families trying to parse shifting residency and immigration requirements may find it helpful to consult VisaHQ, a platform that provides real-time guidance on U.S. visa rules and related documentation. The service’s resource hub (https://www.visahq.com/united-states/) tracks policy changes across the country and can streamline paperwork for those weighing study or relocation options in Colorado or elsewhere.
If DOJ opens an inquiry and finds the law in breach, Colorado could face a cutoff of certain federal education funds and forced policy revisions—changes that would reverberate through university admissions and financial-aid offices before the 2026-27 academic cycle. Out-of-state students currently pay up to triple the resident tuition rate at flagship campuses like CU-Boulder.
For corporate mobility programs that sponsor employee dependents’ education costs or recruit graduates nationwide, a reversal could alter budgeting assumptions and candidate pipelines. Institutions may need to recalibrate scholarship allocations and clarify residency affidavits used during onboarding.
Colorado officials defend the ASSET framework as compliant with federal guidelines and vital to workforce development. The DOJ has not commented on whether it will pursue the complaint.
