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

Nithya Arun (10/10/2025)

Brian Chen (8/6/2025)

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)

Documents in the Clearinghouse

Documents in this case
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 Aug. 29, 2026, 4:12 a.m.

Docket for: United States v. Walz
ECF Number Date Description Link
1 June 25, 2025

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

Clearinghouse
2 June 25, 2025

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

RECAP
3 June 25, 2025

(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)

RECAP
4 June 25, 2025

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

RECAP
5 June 25, 2025

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)

RECAP
June 25, 2025

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

6 July 3, 2025

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)

RECAP
7 July 3, 2025

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)

RECAP
8 July 15, 2025

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)

RECAP
9 July 23, 2025

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)

Clearinghouse
10 July 23, 2025

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)

RECAP
11 July 23, 2025

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

RECAP
12 July 23, 2025

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)

RECAP
13 July 23, 2025

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)

RECAP
14 July 24, 2025

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

RECAP
15 Aug. 13, 2025

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)

RECAP
16 Aug. 14, 2025

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)

RECAP
17 Aug. 19, 2025

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

RECAP
18 Aug. 21, 2025

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)

RECAP
19 Aug. 21, 2025

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)

RECAP
20 Aug. 21, 2025

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)

RECAP
21 Aug. 22, 2025

(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)

RECAP
22 Aug. 22, 2025

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)

RECAP
Aug. 22, 2025

Order on Motion to Appear as Amicus Curiae

23 Aug. 27, 2025

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)

RECAP
24 Sept. 3, 2025

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)

RECAP
25 Sept. 3, 2025

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

RECAP
26 Sept. 4, 2025

(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)

RECAP
27 Sept. 4, 2025

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)

RECAP
Sept. 4, 2025

Order in Response to Letter/Request/E-mail

28 Sept. 8, 2025

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

RECAP
29 Oct. 1, 2025

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

RECAP
30 Oct. 2, 2025

(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)

RECAP
31 Oct. 2, 2025

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)

RECAP
Oct. 2, 2025

Order/Notice to Attorney

32 Oct. 3, 2025

(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)

RECAP
Oct. 3, 2025

Order Staying Case

33 Oct. 9, 2025

(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)

RECAP
Oct. 9, 2025

Order Cancelling Deadline & Hearing

34 Nov. 13, 2025

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

RECAP
35 Nov. 14, 2025

(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)

RECAP
Nov. 14, 2025

Order Lifting Stay

36 Dec. 1, 2025

(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)

RECAP
37 Dec. 8, 2025

(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)

RECAP
38 Dec. 10, 2025

(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)

RECAP
39 Feb. 9, 2026

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

RECAP
40 March 12, 2026

TRANSCRIPT REQUEST for an Expedited 14-Day Transcript of 38 Motion Hearing,, to Court Reporter Paula Richter. (Restrepo, Luz) (Entered: 03/12/2026)

RECAP
41 March 20, 2026

ORDER granting 39 Motion to Withdraw as Attorney. Signed by Magistrate Judge David T. Schultz on 3/20/2026. (SB) (Entered: 03/20/2026)

RECAP
42 March 27, 2026

ORDER granting 9 Motion to Dismiss/General. Signed by Judge Katherine M. Menendez on 3/27/2026. (LC3) (Entered: 03/27/2026)

RECAP
43 March 30, 2026

JUDGMENT (Attachments: # 1 Civil Notice - appeal)(ACH) (Entered: 03/30/2026)

1 Civil Notice - appeal

View on RECAP

RECAP
44 March 31, 2026

TRANSCRIPT of Motions Hearing held on 12/10/2025 before Judge Katherine M. Menendez. (60 pages). Court Reporter: Paula Richter. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 21 days to file a Statement of Redaction. In accordance with Judicial Conference policy and Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 and Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Statement of Redaction due 4/21/2026. Redacted Transcript Deadline set for 5/1/2026. Release of Transcript Restriction set for 6/29/2026. (PKR) (Entered: 03/31/2026)

RECAP
45 May 1, 2026

NOTICE OF APPEAL TO 8TH CIRCUIT as to 42 Order on Motion to Dismiss/General, 43 Judgment by United States of America. (Skedzielewski, Sean) (Entered: 05/01/2026)

RECAP
46 May 4, 2026

TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit 45 . (MMG) (Entered: 05/04/2026)

RECAP
47 May 5, 2026

(Text-Only) NOTICE to USCA of subsequent filing in a civil case, Re: Transcript 44 . (MMG) (Entered: 05/05/2026)

RECAP
48 May 7, 2026

USCA Case Number 26-1886 for 45 Notice of Appeal to 8th Circuit filed by United States of America. (MMP) (Entered: 05/07/2026)

RECAP
49 May 20, 2026

TRANSCRIPT REQUEST for an Expedited 14-Day Transcript for a COPY OF 44 Transcript(s) to Court Reporter Paula Richter. (Bies, Katherine) (Entered: 05/20/2026)

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

Other

Attorney General Keith Ellison in his official capacity

Governor Tim Walz in his official capacity

The Minnesota Office of Higher Education

The State of Minnesota

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

Recommended Citation