DOJ Sues Texas Over In-State Tuition for Illegal Immigrants, Claiming Federal Law Violation
Federal officials challenge Texas law removing immigration status from in-state tuition eligibility, citing conflicts with federal requirements.
The Department of Justice has formally filed a complaint in federal court seeking to block Texas from upholding its long-standing policy of providing in-state tuition rates to undocumented immigrants. The move escalates the ongoing clash between federal and state governments over immigration, as the DOJ contends that Texas' legislation directly violates federal law and, by extension, the supremacy clause of the U.S. Constitution.
Filed on Wednesday in the Northern District of Texas, the lawsuit names both the State of Texas and several top officials as defendants. At the heart of the legal challenge is a Texas statute—popularly known as the Texas Dream Act—that mandates public colleges and universities grant in-state tuition to students who reside in Texas, even if they are in the country without legal documentation. The Department of Justice asserts that this practice extends benefits to illegal immigrants not available to some U.S. citizens, particularly students from outside Texas, which is forbidden under current federal law.
Attorney General Pam Bondi emphasized the administration’s position, stating, "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." The DOJ's suit is the latest effort following two executive orders signed by President Donald Trump after his return to the Oval Office in January.
One order, titled "Ending Taxpayer Subsidization of Open Borders," directs all federal agencies to ensure that "no taxpayer-funded benefits go to unqualified aliens." The other, "Protecting American Communities From Criminal Aliens," orders officials to block enforcement of state and local policies that favor undocumented immigrants over American citizens, specifically naming state laws that provide in-state tuition to undocumented students as a key target.
Texas’ law, enacted in 2001 and signed by then-Governor Rick Perry, was originally designed to provide educational opportunities to children who graduated from Texas high schools, regardless of their immigration status, provided they met certain residency and academic requirements. Supporters have argued that the law allows promising students, many of whom have lived most of their lives in Texas, to afford a college education and contribute to the economy.
However, opponents—including the Trump administration—argue that offering in-state tuition to undocumented immigrants creates an unfair advantage over American students from other states, and incentivizes violations of federal immigration laws. According to federal law, higher education institutions cannot extend benefits to undocumented immigrants that are denied to U.S. citizens.
With this lawsuit, the Justice Department seeks to not only halt Texas from enforcing its in-state tuition law but also set a precedent for other states with similar statutes. The legal battle could have sweeping implications for thousands of students across the country and is expected to ignite a heated debate about immigration, education access, and state versus federal authority.
As the case moves forward, all eyes are on Texas officials and the courts, where a fierce legal showdown is anticipated. The outcome may reshape how states can craft policies regarding undocumented residents and their access to public services, especially in the realms of education and social benefits.
