In a significant policy reversal, Texas officials have announced the termination of in-state tuition benefits for undocumented immigrants. This decision was made shortly after the U.S. Department of Justice (DOJ) launched a federal lawsuit aiming to overturn the state's policy allowing undocumented individuals to pay lower tuition fees at public colleges and universities.
The legal challenge, initiated by the DOJ on Wednesday in the Northern District of Texas, contends that Texas statutes offering in-state tuition to undocumented immigrants are in direct conflict with federal law and the Supremacy Clause of the U.S. Constitution. Attorney General Pam Bondi stated, "The Justice Department will relentlessly fight to vindicate federal law and ensure that U.S. citizens are not treated like second-class citizens anywhere in the country," as reported by Fox News.
The DOJ's argument centers on the Texas Dream Act, a law passed in 2001 during the governorship of Rick Perry, which enabled noncitizens to qualify for in-state tuition at state-run higher education institutions, given they met certain residency and academic criteria, regardless of their immigration status. According to the DOJ, public colleges are prohibited from offering benefits to illegal immigrants that are not equally accessible to all U.S. citizens, which includes tuition rates.
The legal action follows two executive orders signed by President Donald Trump after his return to office in January. These orders direct federal agencies to prevent non-qualified immigrants from receiving public benefits and call for an end to the enforcement of state laws that prioritize illegal immigrants over American citizens.
This lawsuit marks a broader federal effort to clamp down on state policies perceived as providing undocumented immigrants with unfair advantages over U.S. citizens. The DOJ seeks a court injunction to halt the enforcement of the Texas statute, claiming it forces public colleges to offer in-state tuition rates to individuals residing in the country illegally.
The Texas Dream Act was initially a response to a 1982 Supreme Court decision that guaranteed access to public primary and secondary education irrespective of immigration status. However, this did not extend to post-secondary institutions, where nonresident tuition rates posed a significant barrier for many students without legal status. Prior to the Dream Act, these students faced the financial hurdle of out-of-state or international tuition rates, greatly restricting their access to higher education.
Reacting swiftly to the DOJ's legal action, Texas authorities indicated their intention to comply with federal law and discontinue the tuition benefit. While Governor Greg Abbott's office has not yet made a formal statement regarding the matter, the case is expected to progress in federal court as the administration continues to enforce compliance with federal immigration law.
