Case: United States v. State of Oklahoma

6:25-cv-00265 | U.S. District Court for the Eastern District of Oklahoma

Filed Date: Aug. 5, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged a provision of Oklahoma state law, Oklahoma Statute Title 70 § 3242, along with the Oklahoma State Regents for Higher Education (OSRHE) policy § 3.18.6. Together, these provisions authorized noncitizens who are unlawfully present in the United States to receive in-state tuition rates at Oklahoma postsecondary institutions. The United States alleged that these provisions violate the Supremacy Clause of the U.S. Constitution because they confer in-state tuition benefits based…

This case challenged a provision of Oklahoma state law, Oklahoma Statute Title 70 § 3242, along with the Oklahoma State Regents for Higher Education (OSRHE) policy § 3.18.6. Together, these provisions authorized noncitizens who are unlawfully present in the United States to receive in-state tuition rates at Oklahoma postsecondary institutions. The United States alleged that these provisions violate the Supremacy Clause of the U.S. Constitution because they confer in-state tuition benefits based on residence to unlawfully present noncitizens while denying those same benefits to U.S. citizens from other states. The complaint cited federal law, including 8 U.S.C. § 1623(a), and relevant executive orders mandating equal treatment for U.S. citizens with respect to postsecondary education benefits. 

On August 5, 2025, the United States filed this lawsuit in the U.S. District Court for the Eastern District of Oklahoma against the State of Oklahoma. Plaintiff alleged that the challenged provisions are expressly preempted by federal immigration law and therefore violate the Supremacy Clause. The United States sought a declaratory judgment that the provisions are unconstitutional and invalid, a permanent injunction barring their enforcement, and an award of attorneys' fees. The case was assigned to U.S. District Judge Ronald A. White.

The same day, following the filing of the complaint, the parties filed a Joint Motion for Entry of Consent Judgment, stipulating that the Court has authority to grant the requested relief under the Supremacy Clause and agreeing that the challenged Oklahoma provisions are preempted by federal law. The parties jointly requested entry of a final judgment declaring the provisions unconstitutional and a permanent injunction prohibiting the State of Oklahoma from enforcing them. 

On August 29, the Court entered the requested consent judgment, declaring that the challenged provisions, as applied to individuals not lawfully present in the United States, violated the Supremacy Clause and were therefore unconstitutional and invalid. The Court permanently enjoined Defendant, along with its successors, agents, and employees, from enforcing the statutes. 

Oklahoma Students for Affordable Tuition (OSAT) filed a motion to intervene on August 27, 2025. Subsequently, OSAT filed a notice of appeal to the United States Court of Appeals for the Tenth Circuit from the Order and Final Consent Judgment entered on August 29, 2025, in order to preserve its right to appeal should its motion to intervene be granted after the deadline to appeal has passed.

On October 30, 2025, the United States filed a motion requesting a stay of the proceedings due to a lapse in appropriations resulting from the ongoing Government shutdown. 

The case is ongoing.  

Summary Authors

Emma Vayda (8/31/2025)

Dahlia Gottlieb (10/7/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71028182/parties/united-states-v-oklahoma-state-of/


Judge(s)
Attorney for Plaintiff

Iqbal, Aysha (Oklahoma)

Attorney for Defendant

Drummond, Gentner F. (Oklahoma)

Gaskins, Garry M. (Oklahoma)

Expert/Monitor/Master/Other

Lizama, Marvin Geovanny (Oklahoma)

Lozada, Luis Leonardo (Oklahoma)

show all people

Documents in the Clearinghouse

Document
2

6:25-cv-00265

Complaint

Aug. 5, 2025

Aug. 5, 2025

Complaint
9

6:25-cv-00265

Joint Motion for Entry of Consent Judgment

United States of America v. States of Oklahoma

Aug. 5, 2025

Aug. 5, 2025

Pleading / Motion / Brief
23

6:25-cv-00265

Order and Final Consent Judgment

Aug. 29, 2025

Aug. 29, 2025

Order/Opinion
28

6:25-cv-00265

Oklahoma Students For Affordable Tuition’s Protective Notice Of Appeal

United States of America v. State of Oklahoma et al.

Oct. 28, 2025

Oct. 28, 2025

Pleading / Motion / Brief
32

6:25-cv-00265

Motion for a Stay in Light of Lapse of Appropriations

United States of America v. State of Oklahoma

Oct. 30, 2025

Oct. 30, 2025

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71028182/united-states-v-oklahoma-state-of/

Last updated Nov. 21, 2025, 3:55 p.m.

ECF Number Description Date Link Date / Link
1

CIVIL COVER SHEET by United States of America. (rak, Deputy Clerk) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

2

COMPLAINT against Oklahoma, State of by United States of America. (rak, Deputy Clerk) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

Clearinghouse
3

MINUTE ORDER by Court Clerk: Civil Summons may be issued electronically. Prepare the summons using the court's PDF version and email it to CM-ECFIntake_OKED@oked.uscourts.gov. (Re: 2 Complaint) (rak, Deputy Clerk) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

4

MINUTE ORDER by Court Clerk: The parties are advised that this case has been assigned to a U.S. Magistrate Judge. In accordance with 28 U.S.C., Section 636(c), the Magistrate Judge will exercise complete jurisdiction over all matters in this case including trial should all parties consent to jurisdiction. Consent or election of a District Judge Option may be exercised by completing the Consent Form (Civil Case Originally Assigned to Magistrate Judge) on this Court's website at https://www.oked.uscourts.gov/forms/all-forms/civil in accordance with the procedure outlined therein. If a party does not wish to consent to such jurisdiction, they must complete the Reassignment section. Completed forms should be submitted in PDF format to Consents_OKED@oked.uscourts.gov within twenty-one days. (rak, Deputy Clerk) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

5

MINUTE ORDER by Court Clerk, Applicable parties are directed to file Disclosure Statements per FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Disclosure Statement available on the Court's website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Disclosure Statement in this case, you are reminded to file a Supplemental Disclosure Statement within a reasonable time of any change in the information that the statement requires.(rak, Deputy Clerk) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

6

ATTORNEY APPEARANCE by Gentner F. Drummond on behalf of Oklahoma, State of (Drummond, Gentner) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

7

ATTORNEY APPEARANCE by Garry M. Gaskins, II on behalf of Oklahoma, State of (Gaskins, Garry) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

8

MINUTE ORDER by Court Clerk: Pursuant to receipt of an election of the District Judge Option and in accordance with LCvR 40.1(c), this case is reassigned to District Judge Ronald A. White. Magistrate Judge D. Edward Snow no longer assigned to case. All documents filed in this case in the future shall reflect the new case number CIV-25-265-RAW. (tjm, Deputy Clerk) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

9

Joint MOTION for Entry of Consent Judgment by United States of America Responses due by 8/19/2025 (Perez, Elianis) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

Clearinghouse
10

MINUTE ORDER by District Judge Ronald A. White: The parties are advised that this case has been referred to U.S. Magistrate Judge D. Edward Snow for all pretrial and discovery matters, including dispositive motions, in accordance with 28 U.S.C., Section 636(b) and Fed. R. Civ. P. 72. All future filings shall bear the case number CIV-25-265-RAW-DES. (tls, Deputy Clerk) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

11

REPORT AND RECOMMENDATION by Magistrate Judge D. Edward Snow (Re: 9 MOTION for Judgment ) Objections to R&R due by 8/12/2025. (tjm, Deputy Clerk) Modified on 8/12/2025 (tjm, Deputy Clerk). (Entered: 08/07/2025)

Aug. 7, 2025

Aug. 7, 2025

RECAP
12

MOTION for Leave to File Amicus Curiae Brief by Public Justice (With attachments) [NOTE: Attorney Nathan D. Richter added to party Public Justice(pty:am)]. Responses due by 8/26/2025 (Richter, Nathan) (Entered: 08/12/2025)

1 Exhibit Amicus Curiae Brief

View on RECAP

Aug. 12, 2025

Aug. 12, 2025

13

NOTICE of Consent to Motion for Leave to File Amicus Brief (Re: 12 MOTION for Leave to File Amicus Curiae Brief) by Public Justice (Richter, Nathan) (Entered: 08/13/2025)

Aug. 13, 2025

Aug. 13, 2025

RECAP
14

NOTICE Regarding Consent to Motion for Leave to File Amicus Brief (Re: 13 Notice (Other)) by Public Justice (Richter, Nathan) (Entered: 08/13/2025)

Aug. 13, 2025

Aug. 13, 2025

RECAP
15

MOTION for Attorney Sean Ouellette to be Admitted Pro Hac Vice (paid $100 filing fee; receipt number AOKEDC-2127518) by Public Justice (With attachments) Responses due by 8/27/2025 (Richter, Nathan) (Entered: 08/13/2025)

Aug. 13, 2025

Aug. 13, 2025

16

MINUTE ORDER by Magistrate Judge D. Edward Snow granting 15 MOTION for Attorney Sean Ouellette to be Admitted Pro Hac Vice provided that local counsel is present at all proceedings, unless otherwise ordered by the Court. This is conditioned on the filing of an entry of appearance and registration for electronic case filing by the applicant within seven (7) days from entry of this Order. See LCvR 83.4 and CM/ECF Administrative Guide of Policies and Procedures. (tjm, Deputy Clerk) (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

17

ATTORNEY APPEARANCE by Sean Ouellette on behalf of Public Justice (Ouellette, Sean) (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

18

ATTORNEY APPEARANCE by Aysha Iqbal on behalf of Plaintiff (Iqbal, Aysha) (Entered: 08/26/2025)

Aug. 26, 2025

Aug. 26, 2025

19

Joint RESPONSE in Opposition to Motion (Re: 12 MOTION for Leave to File) by Oklahoma, State of (Gaskins, Garry) (Entered: 08/26/2025)

Aug. 26, 2025

Aug. 26, 2025

20

REPLY to Response to Motion (Re: 12 MOTION for Leave to File ) by Public Justice ;(Ouellette, Sean) (Entered: 08/27/2025)

Aug. 27, 2025

Aug. 27, 2025

21

MINUTE ORDER by District Judge Ronald A. White denying 12 Motion for Leave to File Amicus Curiae Brief (tls, Deputy Clerk) (Entered: 08/29/2025)

Aug. 29, 2025

Aug. 29, 2025

22

ORDER by District Judge Ronald A. White affirming and adopting 11 Report and Recommendation. The Joint Motion of Entry of Consent Judgment is granted. (Re: 9 MOTION for Judgment) (tls, Deputy Clerk)

Aug. 29, 2025

Aug. 29, 2025

RECAP
23

ORDER AND FINAL CONSENT JUDGMENT by District Judge Ronald A. White granting 9 Joint Motion for Entry of Consent Judgment. (tls, Deputy Clerk) (Entered: 08/29/2025)

Aug. 29, 2025

Aug. 29, 2025

Clearinghouse
24

Opposed MOTION to Intervene by Oklahoma Students for Affordable Tuition (With attachments) [NOTE: Attorney Marvin Geovanny Lizama added to party Oklahoma Students for Affordable Tuition(pty:intvd)]. Responses due by 11/10/2025(Lizama, Marvin) (Entered: 10/27/2025)

1 Exhibit A-Proposed Answer and Crosscalim

View on PACER

Oct. 27, 2025

Oct. 27, 2025

RECAP
25

First MOTION for Attorney Luis L. Lozada to be Admitted Pro Hac Vice (paid $200 filing fee; receipt number AOKEDC-2155168) by Oklahoma Students for Affordable Tuition (With attachments) Responses due by 11/12/2025(Lizama, Marvin) (Entered: 10/28/2025)

Oct. 28, 2025

Oct. 28, 2025

26

First MOTION for Attorney Fernando Nunez to be Admitted Pro Hac Vice (paid $100 filing fee; receipt number AOKEDC-2155178) by Oklahoma Students for Affordable Tuition (With attachments) Responses due by 11/12/2025(Lizama, Marvin) (Entered: 10/28/2025)

Oct. 28, 2025

Oct. 28, 2025

27

ATTORNEY APPEARANCE by Marvin Geovanny Lizama on behalf of Oklahoma Students for Affordable Tuition (Lizama, Marvin) (Entered: 10/28/2025)

Oct. 28, 2025

Oct. 28, 2025

28

NOTICE OF APPEAL to Circuit Court (paid $605 appeal fee; receipt number AOKEDC-2155334) (Re: 23 Ruling on Motion for Judgment ) by Oklahoma Students for Affordable Tuition (Lizama, Marvin) (Entered: 10/28/2025)

Oct. 28, 2025

Oct. 28, 2025

Clearinghouse
29

Transmission of Notice of Appeal and Docket Sheet to U.S. Court of Appeals (Re: 28 Notice of Appeal - Final Judgment) (With attachments)(rak, Deputy Clerk) (Entered: 10/30/2025)

Oct. 30, 2025

Oct. 30, 2025

30

MINUTE ORDER by District Judge Ronald A. White granting 25 and 26 Motions for Admission Pro Hac Vice of attorneys Luis Leonardo Lozada and Fernando Nunez for Oklahoma Students for Affordable Tuition, provided that local counsel is present at all proceedings, unless otherwise ordered by the Court. This is conditioned on the filing of an entry of appearance and registration for electronic case filing by the applicant within seven (7) days from entry of this Order. See LCvR 83.4 and CM/ECF Administrative Guide of Policies and Procedures. (tls, Deputy Clerk) (Entered: 10/30/2025)

Oct. 30, 2025

Oct. 30, 2025

31

APPEAL NUMBER INFORMATION from Circuit Court assigning Case Number 25-7089 (Re: 28 Notice of Appeal - Final Judgment) (rak, Deputy Clerk) (Entered: 10/30/2025)

Oct. 30, 2025

Oct. 30, 2025

32

Consent MOTION to Stay Proceedings in Light of Lapse in Appropriations by United States of America Responses due by 11/13/2025(Iqbal, Aysha) (Entered: 10/30/2025)

Oct. 30, 2025

Oct. 30, 2025

Clearinghouse

Case Details

State / Territory:

Oklahoma

Case Type(s):

Education

Immigration and/or the Border

Special Collection(s):

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Trump Administration 2.0: Litigation and Investigations By the Government

Key Dates

Filing Date: Aug. 5, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

United States of America.

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

State of Oklahoma, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Supremacy Clause

Other Dockets:

Eastern District of Oklahoma 6:25-cv-00265

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Education