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, 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)

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)

White, Ronald A. (Oklahoma)

Attorney for Plaintiff

Perez, Elianis N. (Oklahoma)

Attorney for Defendant

Drummond, Gentner F. (Oklahoma)

Gaskins, Garry M. (Oklahoma)

Expert/Monitor/Master/Other

Richter, Nathan D. (Oklahoma)

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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

Resources

Docket

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.

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

PACER
2

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

Aug. 5, 2025

Aug. 5, 2025

RECAP
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

RECAP
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

PACER
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

PACER
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

PACER

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 Involving the Government

Trump Administration 2.0: Litigation and Investigations Involving the Government (Immigration Enforcement)

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Education