Colorado Governor Jared Polis recently defended his state’s decision to provide illegal immigrants with access to in-state college tuition and financial aid, despite many American citizens from outside Colorado facing higher out-of-state rates.

Polis argued that Colorado has the authority to determine residency for tuition purposes and that Washington should not intervene. During a recent interview, he grouped students arriving from Texas with those from Mexico as part of his defense.

Colorado’s ASSET Act, which has been in place for 13 years, allows certain illegal immigrants who meet state residency and education requirements to receive in-state tuition and qualify for state financial aid. The policy currently benefits more than 6,000 illegal immigrants.

Polis noted that students covered by the policy do not receive federal financial aid. When pressed on the disparity between out-of-state citizens and illegal immigrants, he repeatedly framed the dispute as a matter of Colorado’s power to define residency. He did not address the underlying price difference or promise that out-of-state Americans would receive in-state rates.

The Justice Department has sued Colorado, arguing that state law allows illegal immigrants to receive education benefits based on residence without providing those same benefits to all U.S. citizens. The federal government states Colorado is the 14th state it has targeted in such lawsuits and points to court victories in four other states. Similar cases are pending in nine additional states.

Colorado’s attorney general declined to publicly debate the case, stating its response would be submitted through court filings. A federal judge will now determine whether Colorado can maintain its policy of extending resident pricing and state aid under current eligibility rules.

The governor’s recent interview was a direct defense of an active state policy as Colorado prepares for a federal court battle over it.

Polis stated: “Colorado sets residency.” The Justice Department questions whether federal law permits states to ignore immigration status while charging out-of-state Americans more.