The Department of Justice (DOJ) has filed a complaint against Texas, aiming to block state laws that grant in-state tuition to illegal immigrants. This complaint comes from several Texas officials and is viewed as a response to the state’s actions. According to federal regulations, educational institutions cannot provide benefits to undocumented individuals that are not available to U.S. citizens.
The DOJ’s complaint seeks to challenge Texas’ requirement for universities to offer in-state tuition to immigrants maintaining state residency, regardless of their legal status. The department claims that the state law is “blatantly” at odds with federal statutes and contravenes the supreme law of the U.S. Constitution.
Attorney General Pam Bondy indicated that such benefits to undocumented immigrants create an unfair situation. “Under federal law, schools cannot provide benefits to illegal aliens that are not also available to U.S. citizens,” she stated. She emphasized that the DOJ intends to vigorously uphold federal regulations to protect the rights of citizens across the nation.
This legal action follows two executive orders signed by President Donald Trump in January, aimed at limiting taxpayer-funded benefits for unauthorized immigrants. One order specifically directs agencies to ensure such benefits are not extended to unqualified individuals, while another mandates action to invalidate any laws that favor undocumented immigrants over American citizens, including provisions regarding state tuition.
Contacting Governor Greg Abbott’s office for a response to the lawsuit has not yielded a public comment as of yet.
The Texas Dream Act, which began as legislation in February 2001, was designed to allow children, regardless of their immigration status, to access primary and secondary education. However, the issue of higher education remains a sticking point, as many undocumented students still face steep tuition costs at public colleges and universities due to their status.
Previously, students not born in the U.S. had to pay higher fees to attend public universities in Texas after graduating from high school. The law, enacted by then-Governor Rick Perry in 2001, removed immigration status as a criterion for determining eligibility for in-state tuition for qualifying students who graduated from Texas high schools.
