Federal Judge Blocks Tuition Law for Illegal Immigrants in Texas
A federal judge has definitively overturned a Texas law that allowed undocumented immigrants to pay in-state tuition fees for public universities, following a challenge from the Trump administration.
Texas Attorney General Ken Paxton’s request was dismissed after he aligned with the Department of Justice, which claimed this policy created a “clear conflict” with existing federal immigration law.
District Judge Reed O’Connor stated that the provision in question explicitly applies to individuals not legally present in the U.S., marking it as unconstitutional and invalid due to its violation of the Supremacy Clause.
In the ruling, the court also mandated that state employees and officials cannot enforce the relevant sections of the Texas Education Code, further solidifying the decision.
Following the judge’s ruling, Texas Governor Greg Abbott announced on social media that “in-state tuition fees for illegal immigrants in Texas have ended.”
Paxton referred to the ruling as a significant victory, asserting that eliminating such a “discriminatory, non-American provision” was essential for Texas.
Earlier, the Trump administration had filed a lawsuit arguing that federal law prevents undocumented immigrants from accessing in-state tuition benefits that are not extended to U.S. citizens.
The lawsuit highlighted that, despite clear legal prohibitions, Texas had been overlooking this aspect for years, urging the court to intervene.
This law, initially passed in 2001 under former Governor Rick Perry, allowed undocumented students who lived in Texas for at least three years before high school graduation to access substantially lower tuition rates than out-of-state peers, provided they sought legal status.
For instance, tuition rates at the University of Texas at Austin for out-of-state students range from $40,582 to $48,712 annually, compared to $10,858 to $13,576 for in-state students.
Texas was the first state to enact such legislation, which is still present in several others across the country.
In a statement before the ruling, Attorney General Pam Bondy emphasized that federal laws dictate that benefits cannot be granted to undocumented individuals that are not available to U.S. citizens. She affirmed that the DOJ would actively work to uphold federal law and ensure U.S. citizens are not marginalized.
The lawsuit was fueled by President Trump’s executive initiatives aimed at addressing immigration issues and diminishing the impact of undocumented individuals on American communities.
