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Federal judge strikes down Texas law granting in-state tuition to illegal immigrants

DOJ lawsuit claims federal law violation, ends benefit for 57,000 students

A federal judge has blocked a Texas law that provided in-state tuition to illegal immigrant students at public universities who met certain requirements.

The U.S. Department of Justice filed a lawsuit against the state Wednesday. Within hours, Texas supported the Justice Department, and U.S. District Judge Reed O’Connor issued a permanent injunction, striking down the policy, Inside Higher Ed reported.

The lawsuit claimed the Texas law violated federal law by giving illegal immigrant students tuition benefits that out-of-state U.S. citizens could not receive.

“It referenced a federal statutory provision that says that undocumented people can’t receive higher ed benefits unless citizens are also eligible,” according to Inside Higher Ed.

Under the struck-down law, illegal immigrant students were eligible for in-state tuition by meeting specific requirements, such as “graduating from a Texas high school, residing in Texas for at least three years prior and signing an affidavit promising to apply for permanent residency status,” Inside Higher Ed reported.

Meanwhile, U.S. citizens could access in-state tuition if they, or a parent, had resided in Texas for at least one year prior to enrollment.

Texas Attorney General Ken Paxton commended the decision in a statement.

“Today, I entered a joint motion along with the Trump Administration opposing a law that unconstitutionally and unlawfully gave benefits to illegal aliens that were not available to American citizens,” Paxton stated.

“Ending this discriminatory and un-American provision is a major victory for Texas,” he stated.

In 2001, Texas pioneered in-state tuition benefits for illegal immigrant students when then-Governor Rick Perry signed the Texas Dream Act into law. Since then, more than 20 states have enacted similar legislation, according to Inside Higher Ed.

Approximately 57,000 illegal immigrant students attend public colleges and universities in Texas, according to The Presidents’ Alliance on Higher Education and Immigration.

The difference between in-state and out-of-state tuition rates is “substantial,” according to NBC 5 Dallas-Fort Worth.

“For example, at the flagship University of Texas at Austin, a state resident paid approximately $11,000 for the 2024-2025 academic year, compared with about $41,000 for students from outside Texas,” the outlet reported.

Earlier this year, Florida also repealed a law that previously allowed illegal immigrants to pay in-state tuition, Inside Higher Ed reported.

Signed by Governor Ron DeSantis on Feb. 13, the new legislation, effective July 1, ends a policy enacted in 2014 under then-Governor Rick Scott.

“I don’t think you should be admitted to college in Florida if you’re here illegally,” DeSantis said during a press conference, adding that “to give in-state tuition was just a slap in the face to taxpayers.”

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IMAGE CAPTION AND CREDIT: Judge strikes gavel; Anna Stills/Shutterstock

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About the Author
Gabrielle Temaat is an assistant editor at The College Fix. She holds a B.S. in economics from Barrett, the Honors College, at Arizona State University. She has years of editorial experience at the Daily Caller and various family policy councils. She also works as a tutor in all subjects and is deeply passionate about mentoring students.