Case: United States v. Walz

0:25-cv-02668 | U.S. District Court for the District of Minnesota

Filed Date: June 25, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the constitutionality of Minnesota’s state tuition and scholarship policies for undocumented students. On June 25, 2025, the U.S. Department of Justice (DOJ) filed this lawsuit in the U.S. District Court for the District of Minnesota against Governor Tim Walz, Attorney General Keith Ellison, the Minnesota Office of Higher Education, and the State of Minnesota. Represented by the Department’s Civil Division and Office of Immigration Litigation, Plaintiff alleged that two Min…

This case challenged the constitutionality of Minnesota’s state tuition and scholarship policies for undocumented students.

On June 25, 2025, the U.S. Department of Justice (DOJ) filed this lawsuit in the U.S. District Court for the District of Minnesota against Governor Tim Walz, Attorney General Keith Ellison, the Minnesota Office of Higher Education, and the State of Minnesota. Represented by the Department’s Civil Division and Office of Immigration Litigation, Plaintiff alleged that two Minnesota statutes violated federal immigration law by granting in-state tuition and state-funded scholarships to certain noncitizens who are not lawfully present in the United States. Plaintiff targeted two laws: Minn. Stat. § 135A.043, which provides in-state tuition to noncitizens meeting certain Minnesota residency criteria regardless of immigration status; and Minn. Stat. § 136A.1465, which established the North Star Promise Program offering state-funded tuition scholarships to “resident students,” a category that includes undocumented students under Minnesota law.

Plaintiff alleged that these provisions conflict with 8 U.S.C. § 1623(a), which prohibits states from granting postsecondary education benefits “on the basis of residence within a State” to unlawfully present noncitizens unless the same benefit is made available to all U.S. citizens, regardless of residence. Filing under the Supremacy Clause of the U.S. Constitution, Plaintiff sought declaratory and injunctive relief barring Defendants from enforcing the challenged provisions as applied to aliens who are not lawfully present in the United States. The case was assigned to Judge Katherine M. Menendez.

On July 23, 2025, the Minnesota defendants moved to dismiss the complaint under Rules 12(b)(1) and 12(b)(6), arguing that 8 U.S.C. § 1623 does not preempt Minnesota’s tuition policies because (1) the laws do not provide benefits “on the basis of residence,” and (2) the benefits are also available to nonresident U.S. citizens who satisfy objective eligibility criteria, including graduation from a Minnesota high school. Defendants also contended that § 1623 lacks preemptive force under Murphy v. NCAA because it regulates states, not private actors, and that DOJ’s expansive interpretation would raise serious Tenth Amendment and anti-commandeering concerns. Additionally, the state argued that DOJ lacked standing to sue Governor Walz and Attorney General Ellison, who do not enforce the challenged provisions.

The court held a hearing on the motion to dismiss on December 10, 2025. As of February 3, 2026, the court has yet to issue an order on the motion.

The case is ongoing.

Summary Authors

Brian Chen (8/6/2025)

Nithya Arun (10/10/2025)

Jack Moore (2/3/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70631044/parties/united-states-v-walz/


Judge(s)

Menendez, Katherine M (Minnesota)

Attorney for Plaintiff

Perez, Elianis N (Minnesota)

Attorney for Defendant

Bies, Katherine (Minnesota)

Kramer, Elizabeth C (Minnesota)

Expert/Monitor/Master/Other

Niska, Harry N (Minnesota)

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Documents in the Clearinghouse

Document
1

0:25-cv-02668

Complaint

June 25, 2025

June 25, 2025

Complaint
9

0:25-cv-02668

Defendants' Motion to Dismiss Plaintiff's Complaint

United States of America v. Walz

July 23, 2025

July 23, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70631044/united-states-v-walz/

Last updated Feb. 23, 2026, 12:36 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by United States of America. Filer requests summons issued. (Attachments: # 1 Exhibit(s), # 2 Civil Cover Sheet, ATTACHMENT FILED IN ERROR - # 3 Summons, ATTACHMENT FILED IN ERROR # 4 Summons, ATTACHMENT FILED IN ERROR - # 5 Summons) (Perez, Elianis) Modified text on 6/25/2025 (MMP). Modified text on 6/25/2025 (MMP). (Entered: 06/25/2025)

1 Exhibit(s)

View on RECAP

2 Civil Cover Sheet

View on PACER

3 Summons and Complaint

View on PACER

4 Summons and Complaint

View on PACER

5 Summons and Complaint

View on PACER

June 25, 2025

June 25, 2025

Clearinghouse
2

MOTION for Admission Pro Hac Vice for U.S. Government Attorney Luz Maria Restrepo filed by United States. (Perez, Elianis) (Entered: 06/25/2025)

June 25, 2025

June 25, 2025

3

(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Katherine M. Menendez per 3rd/4th Master list, referred to Magistrate Judge David T. Schultz. Please use case number 25-cv-2668 (KMM/DTS).Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (MMP) (Entered: 06/25/2025)

June 25, 2025

June 25, 2025

4

Summons Issued as to Keith Ellison, Minnesota Office of Higher Education, State of Minnesota, Tim Walz. (MMP) (Entered: 06/25/2025)

June 25, 2025

June 25, 2025

5

TEXT ONLY ENTRY: ORDER granting 2 Motion for Admission Pro Hac Vice of U.S. Government Attorney Luz Restrepo for United States of America. Approved by Magistrate Judge David T. Schultz on 6/25/2025. (MS) (Entered: 06/25/2025)

June 25, 2025

June 25, 2025

Order on Motion for Admission Pro Hac Vice of U.S. Government Attorney

June 25, 2025

June 25, 2025

6

NOTICE of Appearance by Joseph Robert Richie on behalf of Keith Ellison, Minnesota Office of Higher Education, State of Minnesota, Tim Walz. (Richie, Joseph) (Entered: 07/03/2025)

July 3, 2025

July 3, 2025

7

SUMMONS Returned Executed by United States of America. Keith Ellison served on 7/2/2025, answer due 7/23/2025; Minnesota Office of Higher Education served on 7/3/2025, answer due 7/24/2025; State of Minnesota served on 7/2/2025, answer due 7/23/2025; Tim Walz served on 7/2/2025, answer due 7/23/2025. (MMP) (Entered: 07/10/2025)

July 3, 2025

July 3, 2025

8

NOTICE of Appearance by Katherine Bies on behalf of Keith Ellison, Minnesota Office of Higher Education, State of Minnesota, Tim Walz. (Bies, Katherine) (Entered: 07/15/2025)

July 15, 2025

July 15, 2025

9

MOTION to Dismiss/General (Plaintiff's Complaint) filed by Keith Ellison, Minnesota Office of Higher Education, State of Minnesota, Tim Walz. (Richie, Joseph) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

Clearinghouse
10

NOTICE OF HEARING ON MOTION 9 MOTION to Dismiss/General (Plaintiff's Complaint) : Date and time to be determined. (Richie, Joseph) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

RECAP
11

MEMORANDUM in Support re 9 MOTION to Dismiss/General (Plaintiff's Complaint) filed by Keith Ellison, Minnesota Office of Higher Education, State of Minnesota, Tim Walz. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Richie, Joseph) (Entered: 07/23/2025)

1 LR7.1/LR72.2 Word Count Compliance Certificate

View on PACER

July 23, 2025

July 23, 2025

12

MEET and CONFER STATEMENT re 9 Motion to Dismiss/General filed by Keith Ellison, Minnesota Office of Higher Education, State of Minnesota, Tim Walz.(Richie, Joseph) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

RECAP
13

PROPOSED ORDER TO JUDGE re 9 MOTION to Dismiss/General (Plaintiff's Complaint) filed by Keith Ellison, Minnesota Office of Higher Education, State of Minnesota, Tim Walz.(Richie, Joseph) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

14

NOTICE of Appearance by Sean Skedzielewski on behalf of United States of America. (Skedzielewski, Sean) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

15

REPLY re 9 MOTION to Dismiss/General (Plaintiff's Complaint) filed by United States of America. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Skedzielewski, Sean) (Entered: 08/13/2025)

Aug. 13, 2025

Aug. 13, 2025

RECAP
16

AMENDED NOTICE of Hearing on Motion: 9 MOTION to Dismiss/General (Plaintiff's Complaint) : Motion Hearing set for 10/14/2025 at 09:30 AM in Courtroom 14W (MPLS) before Judge Katherine M. Menendez. (Richie, Joseph) (Entered: 08/14/2025)

Aug. 14, 2025

Aug. 14, 2025

17

NOTICE by United States of America (Notice of Supplemental Authority) (Attachments: # 1 Exhibit(s))(Restrepo, Luz) (Entered: 08/19/2025)

Aug. 19, 2025

Aug. 19, 2025

18

MOTION to Appear as Amicus Curiae filed by FEDERATION FOR AMERICAN IMMIGRATION REFORM. (Attachments: # 1 Amicus Brief of FAIR)(Niska, Harry) (Entered: 08/21/2025)

Aug. 21, 2025

Aug. 21, 2025

19

PROPOSED ORDER TO JUDGE re 18 MOTION to Appear as Amicus Curiae filed by FEDERATION FOR AMERICAN IMMIGRATION REFORM.(Niska, Harry) (Entered: 08/21/2025)

Aug. 21, 2025

Aug. 21, 2025

20

FILED IN ERROR - MOTION for Admission Pro Hac Vice for Attorney Gabriel Canaan. Filing fee $ 150, receipt number AMNDC-12182331 filed by FEDERATION FOR AMERICAN IMMIGRATION REFORM. (Niska, Harry) Modified text on 8/25/2025 (CNO). (Entered: 08/21/2025)

Aug. 21, 2025

Aug. 21, 2025

21

(Text-Only) ORDER: The motion for leave to appear as amicus curiae by the Federation for American Immigration Reform 18 is GRANTED. The Federation shall file its amicus brief on or before 8/25/25. Any party may file a memorandum in opposition to the Federations amicus brief on or before 9/8/25. Ordered by Judge Katherine M. Menendez on 8/22/2025. (BP) Modified text on 8/22/2025 (ACH). (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

22

MEMORANDUM in Opposition re 9 MOTION to Dismiss/General (Plaintiff's Complaint) of Amicus Curiae FAIR filed by Federation for American Immigration Reform. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Niska, Harry) (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

Order on Motion to Appear as Amicus Curiae

Aug. 22, 2025

Aug. 22, 2025

23

Reply to Response to Motion re 9 MOTION to Dismiss/General (Plaintiff's Complaint) filed by Keith Ellison, Minnesota Office of Higher Education, State of Minnesota, Tim Walz. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Bies, Katherine) (Entered: 08/27/2025)

Aug. 27, 2025

Aug. 27, 2025

24

NOTICE by United States of America Supplemental Authority (Attachments: # 1 Exhibit(s) Exhibit Tab, # 2 Exhibit(s) Exhibit Document, # 3 Exhibit(s) Exhibit Tab, # 4 Exhibit(s) Exhibit Document, # 5 Exhibit(s) Exhibit Document)(Restrepo, Luz) (Entered: 09/03/2025)

Sept. 3, 2025

Sept. 3, 2025

RECAP
25

LETTER TO DISTRICT JUDGE by Keith Ellison, Minnesota Office of Higher Education, State of Minnesota, Tim Walz . (Richie, Joseph) (Entered: 09/03/2025)

Sept. 3, 2025

Sept. 3, 2025

RECAP
26

(Text-Only) The Defendants have requested permission to file a letter addressing the supplemental authority submitted by the United States in this matter. 25 The request is granted. Ordered by Judge Katherine M. Menendez on 9/4/2025.(AJS) (Entered: 09/04/2025)

Sept. 4, 2025

Sept. 4, 2025

27

RESPONSE by Keith Ellison, Minnesota Office of Higher Education, State of Minnesota, Tim Walz re 24 Notice (Other), (re Supplemental Authority). (Attachments: # 1 Exhibit(s) 1-3)(Richie, Joseph) (Entered: 09/04/2025)

Sept. 4, 2025

Sept. 4, 2025

Order in Response to Letter/Request/E-mail

Sept. 4, 2025

Sept. 4, 2025

28

RESPONSE in Opposition re 18 MOTION to Appear as Amicus Curiae filed by Keith Ellison, Minnesota Office of Higher Education, State of Minnesota, Tim Walz. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Richie, Joseph) (Entered: 09/08/2025)

1 LR7.1/LR72.2 Word Count Compliance Certificate

View on PACER

Sept. 8, 2025

Sept. 8, 2025

RECAP
29

First MOTION to Stay Proceedings filed by United States of America. (Restrepo, Luz) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

RECAP
30

(Text-Only) ORDER/NOTICE TO ATTORNEY. The United States has moved for a stay in this matter, due to the federal government shutdown. (Dkt. 29 .) Defendants should file a memorandum in opposition or a letter indicating no opposition on or before October 8, 2025. The case is stayed pending the Court's consideration of the motion. Ordered by Judge Katherine M. Menendez on 10/2/2025. (ED) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

31

LETTER TO DISTRICT JUDGE by Keith Ellison, Minnesota Office of Higher Education, State of Minnesota, Tim Walz (re Pl's motion to stay). (Richie, Joseph) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

RECAP

Order/Notice to Attorney

Oct. 2, 2025

Oct. 2, 2025

32

(Text-Only) ORDER. This matter is stayed during the current federal government shutdown. If the shutdown continues past October 7, the Court will postpone the hearing currently scheduled for October 14. SO ORDERED. Ordered by Judge Katherine M. Menendez on 10/3/2025. (ED) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

Order Staying Case

Oct. 3, 2025

Oct. 3, 2025

33

(Text-Only) Pursuant to the Court's October 3 Order, the hearing on Defendants' Motion to Dismiss set for October 14 is CANCELLED. The Court will reschedule the hearing following the conclusion of the government shutdown. Ordered by Judge Katherine M. Menendez on 10/9/2025. (ED) Modified text on 10/9/2025 (ED). (Entered: 10/09/2025)

Oct. 9, 2025

Oct. 9, 2025

Order Cancelling Deadline & Hearing

Oct. 9, 2025

Oct. 9, 2025

34

NOTICE by United States of America (Restrepo, Luz) (Entered: 11/13/2025)

Nov. 13, 2025

Nov. 13, 2025

RECAP
35

(Text-Only) ORDER LIFTING STAY. The government shutdown is now over and the stay in this matter is hereby lifted. The hearing on the pending Motion to Dismiss will be rescheduled. Signed by Judge Katherine M. Menendez on 11/14/2025. (ED) Modified text on 11/17/2025 (ABR). (Entered: 11/14/2025)

Nov. 14, 2025

Nov. 14, 2025

Order Lifting Stay

Nov. 14, 2025

Nov. 14, 2025

36

(Text-Only) NOTICE OF HEARING ON DEFENDANTS' MOTION 9 MOTION to Dismiss/General (Plaintiff's Complaint) : Motion Hearing set for 12/10/2025 at 09:30 AM in Courtroom 14W (MPLS) before Judge Katherine M. Menendez. (AJS) (Entered: 12/01/2025)

Dec. 1, 2025

Dec. 1, 2025

37

(Text-Only) NOTICE OF TIME CHANGE ONLY AS TO MOTION HEARING ON DEFENDANTS' MOTION 9 : Motion Hearing set for 12/10/2025 at 10:00 AM in Courtroom 14W (MPLS) before Judge Katherine M. Menendez. (AJS) (Entered: 12/08/2025)

Dec. 8, 2025

Dec. 8, 2025

38

(Text-Only) MINUTE ENTRY for proceedings held before Judge Katherine M. Menendez on 12/10/2025: Oral Arguments Motion Hearing.Court Reporter: Paula RichterMinneapolis Courthouse, Courtroom 14WTime: 10:05 a.m.11:27 a.m.Total Time: 1 hour, 22 minutesAPPEARANCES:For Plaintiff(s): Sean SkedzielewskiFor Defendant(s): Joseph Richie; Katherine Bies PROCEEDINGS: Hearing on: 9 MOTION to Dismiss/General (Plaintiff's Complaint) filed by Minnesota Office of Higher Education, Keith Ellison, Tim Walz, State of Minnesota. The motion was moved, argued and taken under advisement. Order to follow. (ED) (Entered: 12/10/2025)

Dec. 10, 2025

Dec. 10, 2025

39

MOTION to Withdraw as Attorney filed by United States of America. (Perez, Elianis) (Entered: 02/09/2026)

Feb. 9, 2026

Feb. 9, 2026

RECAP

Case Details

State / Territory:

Minnesota

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Operation Metro Surge

Trump Administration 2.0: Litigation and Investigations By the Government

Key Dates

Filing Date: June 25, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

U.S.A.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor Tim Walz in his official capacity, None

Attorney General Keith Ellison in his official capacity, None

The Minnesota Office of Higher Education, None

The State of Minnesota, None

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)

Constitutional Clause(s):

Supremacy Clause

Other Dockets:

District of Minnesota 0:25-cv-02668

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Constitutional rights

Undocumented immigrants - rights and duties