Colorado Gov. Jared Polis went on national television Saturday and defended his state’s decision to give illegal immigrants access to in-state college tuition and financial aid while many American citizens from outside Colorado pay the higher out-of-state rate.
His argument? Colorado decides who counts as a resident for tuition purposes, and Washington should stay out of it.
During Fox & Friends, Polis even grouped students arriving from Texas with students from Mexico as he defended the policy.
Watch the exchange for yourself:
Colorado Governor Jared Polis defends giving in-state tuition to illegal aliens: "Whether you're a green card holder, whether you're from Texas or Mexico…we don't check with the federal government…to decide who is eligible for in-state tuition." pic.twitter.com/YAZtzrCzcL
— RNC Research (@RNCResearch) July 25, 2026
Fox News reports that Colorado’s policy provides in-state tuition to more than 6,000 illegal immigrants. Polis argued that Colorado sets its own residency rules and noted that students covered by the policy do not receive federal financial aid.
The hosts pressed the governor on the obvious disparity: an American citizen from another state can face the higher out-of-state price while someone living in the country illegally can qualify for Colorado’s lower rate.
Polis repeatedly framed the dispute as a question of Colorado’s power to define residency. He did not dispute the underlying price difference, and he offered no promise that an out-of-state American would receive the same rate.
The problem for Polis is that the lawsuit targets state benefits, not federal aid.
The Justice Department says its complaint challenges Colorado statutes requiring colleges and universities to provide in-state rates to residents regardless of whether they are lawfully present. The federal government is also seeking to block state financial assistance and scholarships for illegal immigrants.
The department argues that federal law bars states from offering an education benefit based on residence to illegal immigrants unless the same benefit is available to every U.S. citizen. It says Colorado is the 14th state it has sued over such tuition policies and points to court victories involving similar laws in four other states.
The department says similar cases are still pending in nine other states.
The longer Fox clip shows the host pressing Polis on the price difference faced by out-of-state Americans:
WATCH: Colorado Gov. Jared Polis defends offering in-state tuition to undocumented students as the Trump administration sues to block the policy.
Pressed on why out-of-state American students can pay more than some undocumented students, Polis argues states have the… pic.twitter.com/Het6D9hVsU
— Fox News (@FoxNews) July 25, 2026
Axios Denver reports that Colorado’s ASSET Act has been in place for 13 years and allows certain illegal immigrants who meet state residency and education requirements to receive in-state tuition and qualify for state financial aid.
The local report says the Justice Department filed its lawsuit Thursday and argues that Colorado’s tuition and aid rules confer benefits on illegal immigrants that are unavailable to all U.S. citizens. The Colorado attorney general’s office declined to debate the case publicly, saying its response would come through court filings.
State leaders intend to defend the law, making this the latest courtroom fight between Colorado and the Trump administration over immigration policy. A federal court will now decide whether the state can preserve the policy and continue extending resident pricing and state aid under its current eligibility rules.
That means Saturday’s interview was not an offhand answer to a hypothetical. Polis was defending an active state policy while Colorado heads into a federal court battle over it.
President Trump’s Justice Department is forcing a basic question: If Colorado gives a reduced tuition rate because someone lives and went to school there, can it deny that same benefit to an American citizen from Texas, Kansas, or Wyoming?
Polis answered politically: Colorado sets residency. The Justice Department is asking whether federal law allows Colorado to make immigration status irrelevant while charging out-of-state Americans more.
No amount of wordplay changes the picture. A Democratic governor just defended a taxpayer-supported tuition advantage for people in the country illegally while some U.S. citizens are charged the higher out-of-state rate.
Now a federal judge will decide whether Colorado can keep doing it.
This is a Guest Post from our friends over at 100 Percent Fed Up. View the original article here.
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