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

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Case Summary

This case challenges 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, the United States sought declaratory and injunctive relief, alleging 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.

The case was assigned to Judge Katherine M. Menendez.

DOJ 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. The United States 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.

DOJ argued that the Minnesota laws expressly and impermissibly favor unlawfully present noncitizens over U.S. citizens from other states, thereby violating the Supremacy Clause and principles of express federal preemption. Citing Executive Orders 14218 and 14287, along with legislative history surrounding the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), the complaint contended that Minnesota’s laws undermined federal immigration policy by creating incentives for unauthorized immigration. The plaintiff noted that similar laws in Texas had recently been declared preempted in United States v. Texas, No. 7:25-cv-55 (N.D. Tex.), and submitted the resulting consent judgment as precedent.

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 anticommandeering concerns. Additionally, the state argued that DOJ lacked standing to sue Governor Walz and Attorney General Ellison, who do not enforce the challenged provisions.

As of late July 2025, briefing on the motion to dismiss remained pending, and is now stayed during the government shut down.

The case is ongoing.

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Summary Authors

Brian Chen (8/6/2025)

Nithya Arun (10/10/2025)

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)

Judge(s)

Menendez, Katherine M (Minnesota)

Attorney for Plaintiff

Perez, Elianis N (Minnesota)

Restrepo, Luz (Minnesota)

Skedzielewski, Sean (Minnesota)

Attorney for Defendant

Bies, Katherine (Minnesota)

Kramer, Elizabeth C (Minnesota)

Richie, Joseph Robert (Minnesota)

Expert/Monitor/Master/Other

Niska, Harry N (Minnesota)

Attorney Contact Information via CourtListener

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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

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Docket

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

Last updated Oct. 23, 2025, 2:32 p.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 PACER
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 PACER
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 PACER
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 PACER
	Order on Motion for Admission Pro Hac Vice of U.S. Government Attorney	June 25, 2025	June 25, 2025 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
	Order on Motion to Appear as Amicus Curiae	Aug. 22, 2025	Aug. 22, 2025 PACER
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 PACER
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 PACER
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 PACER
	Order in Response to Letter/Request/E-mail	Sept. 4, 2025	Sept. 4, 2025 PACER
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 PACER
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 PACER
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 PACER
	Order Staying Case	Oct. 3, 2025	Oct. 3, 2025 PACER
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 PACER
	Order Cancelling Deadline & Hearing	Oct. 9, 2025	Oct. 9, 2025 PACER