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 (11/13/2025)

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)

Documents in the Clearinghouse

Documents in this case
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 Aug. 21, 2026, 4:05 a.m.

Docket for: United States v. Oklahoma, State of
ECF Number Date Description Link
1 Aug. 5, 2025

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

RECAP
2 Aug. 5, 2025

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

Clearinghouse
3 Aug. 5, 2025

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)

RECAP
4 Aug. 5, 2025

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)

RECAP
5 Aug. 5, 2025

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)

RECAP
6 Aug. 5, 2025

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

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7 Aug. 5, 2025

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

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8 Aug. 5, 2025

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)

RECAP
9 Aug. 5, 2025

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

Clearinghouse
10 Aug. 6, 2025

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)

RECAP
11 Aug. 7, 2025

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)

RECAP
12 Aug. 12, 2025

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

RECAP
13 Aug. 13, 2025

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)

RECAP
14 Aug. 13, 2025

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

RECAP
15 Aug. 13, 2025

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)

RECAP
16 Aug. 22, 2025

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)

RECAP
17 Aug. 22, 2025

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

RECAP
18 Aug. 26, 2025

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

RECAP
19 Aug. 26, 2025

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

RECAP
20 Aug. 27, 2025

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

RECAP
21 Aug. 29, 2025

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)

RECAP
22 Aug. 29, 2025

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)

RECAP
23 Aug. 29, 2025

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)

Clearinghouse
24 Oct. 27, 2025

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

RECAP
25 Oct. 28, 2025

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)

RECAP
26 Oct. 28, 2025

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)

RECAP
27 Oct. 28, 2025

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

RECAP
28 Oct. 28, 2025

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)

Clearinghouse
29 Oct. 30, 2025

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)

RECAP
30 Oct. 30, 2025

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)

RECAP
31 Oct. 30, 2025

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)

RECAP
32 Oct. 30, 2025

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)

Clearinghouse
33 Nov. 4, 2025

ORDER by District Judge Ronald A. White granting 32 MOTION to Stay Proceedings in Light of Lapse in Appropriations (tls, Deputy Clerk) (Entered: 11/04/2025)

RECAP
34 Nov. 10, 2025

ATTORNEY APPEARANCE by Fernando Nunez on behalf of Oklahoma Students for Affordable Tuition (Nunez, Fernando) (Entered: 11/10/2025)

RECAP
35 Nov. 10, 2025

ATTORNEY APPEARANCE by Luis Leonardo Lozada on behalf of Oklahoma Students for Affordable Tuition (Lozada, Luis) (Entered: 11/10/2025)

RECAP
36 Nov. 13, 2025

TRANSCRIPT ORDER FORM (Transcripts are not necessary or are already on file ) (Re: 28 Notice of Appeal - Final Judgment ) by Oklahoma Students for Affordable Tuition (Nunez, Fernando) (Entered: 11/13/2025)

RECAP
37 Nov. 13, 2025

NOTICE by United States of America (Perez, Elianis) (Entered: 11/13/2025)

RECAP
38 Nov. 13, 2025

Notice advising the record is complete for the purposes of appeal (re: Circuit Appeal No. 25-7089). A Transcript Order Form has been filed stating no transcripts are necessary (Re: 28 Notice of Appeal - Final Judgment) (rak, Deputy Clerk) (Entered: 11/13/2025)

RECAP
39 Nov. 18, 2025

MINUTE ORDER by District Judge Ronald A. White lifting the stay previously imposed on 11/4/2025 (Re: 33 Ruling on Motion to Stay) (tls, Deputy Clerk) (Entered: 11/18/2025)

RECAP
40 Nov. 18, 2025

ATTORNEY APPEARANCE by Zach West on behalf of Oklahoma, State of (West, Zach) (Entered: 11/18/2025)

RECAP
41 Nov. 18, 2025

ATTORNEY APPEARANCE by Ellen Carr on behalf of Oklahoma, State of (Carr, Ellen) (Entered: 11/18/2025)

RECAP
42 Nov. 19, 2025

MINUTE ORDER by District Judge Ronald A. White resetting the deadline to file a response to 24 Opposed MOTION to Intervene to 12/1/2025. (tls, Deputy Clerk) (Entered: 11/19/2025)

RECAP
43 Dec. 1, 2025

RESPONSE in Opposition to Motion (Re: 24 Opposed MOTION to Intervene ) by United States of America ;(Perez, Elianis) (Entered: 12/01/2025)

RECAP
44 Dec. 1, 2025

RESPONSE in Opposition to Motion (Re: 24 Opposed MOTION to Intervene ) by Oklahoma, State of ;(Gaskins, Garry) (Entered: 12/01/2025)

RECAP
45 Dec. 15, 2025

REPLY to Response to Motion (Re: 24 Opposed MOTION to Intervene ) by Oklahoma Students for Affordable Tuition ;(Nunez, Fernando) (Entered: 12/15/2025)

RECAP
46 Feb. 9, 2026

MOTION to Withdraw Attorney(s) by United States of America Responses due by 2/23/2026(Perez, Elianis) (Entered: 02/09/2026)

RECAP
47 Feb. 10, 2026

MINUTE ORDER by Magistrate Judge D. Edward Snow granting 46 Motion to Withdraw Attorney(s). Attorney Elianis N. Perez is hereby deemed withdrawn as counsel for the United States of America. (tjm, Deputy Clerk) (Entered: 02/10/2026)

RECAP
48 Feb. 11, 2026

ORDER from Circuit Court filed by Judges Matheson and Bacharach - This matter is before the court on Appellant's Motion to Extend Opening Brief Deadline ("Motion") and The State of Oklahoma's Response. Upon careful consideration of the Motion and Response, the court directs as follows. Appellant's opening brief and appendix are now due on 03/05/2026 for Oklahoma Students for Affordable Tuition. Consistent with our prior order refusing to abate briefing in this matter pending the district court's ruling on Appellant's Motion to intervene, no further extensions will be granted on that basis or otherwise absent extraordinary circumstances. See attached order for further details regarding Appellant's motion to intervene. (Re: 28 Notice of Appeal - Final Judgment) (rak, Deputy Clerk) (Entered: 02/11/2026)

RECAP
49 Feb. 23, 2026

MOTION for indicative ruling (Re: 24 Opposed MOTION to Intervene ) by Oklahoma Students for Affordable Tuition Responses due by 3/9/2026(Nunez, Fernando) (Entered: 02/23/2026)

RECAP
50 March 9, 2026

RESPONSE in Opposition to Motion (Re: 49 MOTION for indicative ruling ) by Oklahoma, State of ;(Gaskins, Garry) (Entered: 03/09/2026)

RECAP
51 March 23, 2026

REPLY to Response to Motion (Re: 49 MOTION for indicative ruling ) by Oklahoma Students for Affordable Tuition ;(Nunez, Fernando) (Entered: 03/23/2026)

RECAP
52 April 13, 2026

MOTION to Withdraw Attorney(s) Ellen Carr by Oklahoma, State of Responses due by 4/27/2026(Carr, Ellen) (Entered: 04/13/2026)

RECAP
53 April 14, 2026

MINUTE ORDER by Magistrate Judge D. Edward Snow granting 52 Motion to Withdraw Attorney(s). Attorney Ellen Carr is hereby deemed withdrawn as Counsel for the State of Oklahoma. (tjm, Deputy Clerk) (Entered: 04/14/2026)

RECAP

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

State of Oklahoma

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

Recommended Citation