Filed Date: Aug. 5, 2025
Case Ongoing
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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, as well as a permanent injunction barring their enforcement. Plaintiff also requested costs and 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.
The case is ongoing.
Summary Authors
Emma Vayda (8/7/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71028182/parties/united-states-v-oklahoma-state-of/
White, Ronald A. (Oklahoma)
Perez, Elianis N. (Oklahoma)
Drummond, Gentner F. (Oklahoma)
Gaskins, Garry M. (Oklahoma)
Richter, Nathan D. (Oklahoma)
See docket on RECAP: https://www.courtlistener.com/docket/71028182/united-states-v-oklahoma-state-of/
Last updated Aug. 23, 2025, 10:56 a.m.
State / Territory: Oklahoma
Case Type(s):
Special Collection(s):
Trump 1.0 & 2.0 Immigration Enforcement Order Challenges
Trump Administration 2.0: Litigation and Investigations Involving 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
Defendant Type(s):
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.: