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The U.S. government is suing the state of Minnesota over a state law that allows people without legal status to be eligible for lower cost in-state tuition. 

In a lawsuit filed Wednesday, the government argues that the 

, passed more than a decade ago, is unfair to citizens from other states who pay more to attend Minnesota colleges and universities. 

“This discriminatory treatment in favor of aliens not lawfully present in the United States over U.S. citizens is squarely prohibited and preempted by federal law, which provides that ‘an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State … for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit … without regard to whether the citizen or national is such a resident,’” read the suit.

The suit also argues that is illegal and should be preempted by federal law.

In a statement, Minnesota Attorney General spokesperson Brian Evans said, “We are reviewing the lawsuit and

will vigorously defend the state’s prerogative to offer affordable tuition to both citizen and non-citizen state residents.”

This is a developing story.  Check back for updates.

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The U.S. government is suing Minnesota over a state law extending eligibility for in-state tuition to people without legal immigration status. The lawsuit argues the Minnesota Dream Act which was passed more than a decade ago, discriminates against citizens from other states.

U.S. sues Minnesota over law that helps students without legal status get in-state tuition

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