The ACLU of New Jersey and LatinoJustice PRLDEF, represented by McCarter & English LLP, today filed an amicus brief in the below case that impacts immigrants’ rights and students’ rights:

United States of America v. New Jersey, et al., No. 3:26-cv-04862, U.S. District Court for the District of New Jersey | Read the brief 

In 2013, New Jersey enacted the Dream Act, which expanded access to in-state higher education tuition by basing eligibility primarily on if students have attended and graduated from high school in New Jersey. This allows both undocumented students and out-of-state students to qualify for these benefits. The federal government has claimed that the Dream Act is preempted by federal law that prohibits states from making undocumented students eligible for postsecondary education benefits based on residence, unless a U.S. citizen is eligible for the same benefits regardless of residence.

The ACLU of New Jersey, alongside LatinoJustice PRLDEF, filed an amicus brief arguing that the statutes and regulations at issue in this case are not preempted, and that they are an appropriate and economically beneficial exercise of police powers. The brief was filed in the United States District Court for the District of the New Jersey.

In the brief, the groups argue that the complaint’s interpretation of the federal statutes and their application to New Jersey do not comport with the statutory terms. New Jersey complies with the statutory terms as they plainly read and are properly understood.

The groups further argue that the Dream Act, as well as the 2018 law that followed it, extend in-state tuition and benefits to undocumented students based on high school attendance and graduation, not on residence, and equally makes some U.S. citizens eligible for in-state tuition regardless of residence. The brief also demonstrates that undocumented noncitizens stand to benefit from obtaining higher education – and that New Jersey and the country benefit from their education.

“The Dream Act expands access to education for all hardworking students in New Jersey, no matter their immigration status, creating opportunities to empower young people and make our state more equitable,” said Jeanne LoCicero, legal director for the ACLU of New Jersey. “As the federal government attempts to strip away the rights and liberties of immigrant communities across the country, we will continue to fight for the rights of all students, especially those within communities who have historically been marginalized and under-resourced.”

“These students are part of our communities and have worked hard to pursue the same educational opportunities as their friends and neighbors,” said Rex Chen, Supervising Counsel for Immigrant Rights, LatinoJustice PRLDEF. “New Jersey's economy benefits by allowing students to pursue the proven path to supporting their families and improving their lives. We must redouble our commitment to opportunity for every student and for a prosperous New Jersey. LatinoJustice will continue standing with immigrant students and their families and defending policies that expand access to higher education for Latino, immigrant communities.”