# United States v. Walz *Federal civil lawsuit in the District of Minnesota challenging Minnesota's in-state-tuition and North Star Promise statutes* *United States v. Walz*, No. 0:25-cv-02668, is a federal civil action that the United States brought in the United States District Court for the District of [[Minnesota]]. The suit challenges the state's in-state-tuition statute, Minn. Stat. §135A.043, and its North Star Promise statute, Minn. Stat. §136A.1465.[^1] The United States alleged that both statutes conflict with 8 U.S.C. §1623(a).[^2] The Department of Justice filed the complaint on June 25, 2025, and announced the filing in a press release.[^1][^3] Judge [[Katherine M. Menendez]] granted the motion to dismiss on March 27, 2026 (Dkt. 42). Judgment followed on March 30, 2026 (Dkt. 43).[^4][^5] As of the most recent entry in the record, the United States had moved to appeal the dismissal to the Eighth Circuit.[^6] ## Parties and instrument The plaintiff is the United States.[^1] The instruments challenged are Minn. Stat. §135A.043 (in-state tuition) and Minn. Stat. §136A.1465 (North Star Promise). The federal statute invoked against them is 8 U.S.C. §1623.[^1][^2] ## Procedural history - **June 25, 2025:** The United States filed its complaint in the District of Minnesota.[^1] - **March 27, 2026:** Judge Katherine M. Menendez granted the motion to dismiss (Dkt. 42).[^4] - **March 30, 2026:** Judgment was entered (Dkt. 43).[^5] - **After judgment:** The United States moved to appeal to the Eighth Circuit.[^6] ## Claims The complaint alleges that the two Minnesota statutes conflict with 8 U.S.C. §1623(a).[^2] That provision bars a residence-based postsecondary benefit to an unlawfully present alien unless a U.S. citizen is eligible for the same benefit without regard to residence.[^2] The district court rejected this contention, and the United States continues to press it on appeal. The record treats the §1623 point as the United States' position, not as a settled finding.[^4][^6] ## State position Minnesota's litigating position is that the challenged statutes are lawful.[^7] ## Grounds of dismissal The record's primary-confirmed account states that the dismissal rested substantially on standing. On that account, the United States' "Take Care" duty did not connect it to enforcing the statutes, and the court also found a failure to prove discrimination.[^4] A second account in the record describes a merits holding instead. Under that account, eligibility keyed to high-school attendance or graduation is not a benefit "on the basis of residence," so §1623 does not preempt the statutes.[^7] The record shows that the court granted dismissal and entered judgment. It does not establish the precise holding; the order at Dkt. 42 is the controlling statement.[^4] ## Notes [^1]: U.S. Department of Justice, *Complaint, United States v. Walz*, No. 0:25-cv-02668 (D. Minn.) (June 25, 2025) — the United States' complaint, filed June 25, 2025, challenging Minn. Stat. §135A.043 and §136A.1465. https://www.justice.gov/opa/media/1404576/dl [^2]: U.S. Department of Justice, *Complaint, United States v. Walz*, No. 0:25-cv-02668 (D. Minn.) (June 25, 2025) — the allegation that the challenged statutes conflict with 8 U.S.C. §1623(a). https://www.justice.gov/opa/media/1404576/dl [^3]: U.S. Department of Justice, *Justice Department Files Complaint Challenging Minnesota Laws Providing State Tuition* (press release 25-657) — DOJ's announcement of the suit. https://www.justice.gov/opa/pr/justice-department-files-complaint-challenging-minnesota-laws-providing-state-tuition [^4]: Civil Rights Litigation Clearinghouse, *United States v. Walz*, case 46742 (No. 0:25-cv-02668, D. Minn.) — order granting the motion to dismiss, March 27, 2026 (Dkt. 42), and its stated grounds. https://clearinghouse.net/case/46742/ [^5]: Civil Rights Litigation Clearinghouse, *United States v. Walz*, case 46742 (No. 0:25-cv-02668, D. Minn.) — judgment entered March 30, 2026 (Dkt. 43). https://clearinghouse.net/case/46742/ [^6]: Civil Rights Litigation Clearinghouse, *United States v. Walz*, case 46742 (No. 0:25-cv-02668, D. Minn.) — the United States' move to appeal to the Eighth Circuit. https://clearinghouse.net/case/46742/ [^7]: Civil Rights Litigation Clearinghouse, *United States v. Walz*, case 46742 (No. 0:25-cv-02668, D. Minn.) — docket and filings recording the parties' positions on the statutes. https://clearinghouse.net/case/46742/