• The DOJ has sued Texas over its law granting in-state tuition to undocumented immigrants, claiming it violates federal law.
• Texas officials quickly agreed to comply, halting in-state tuition benefits for undocumented students.
• The case challenges the 2001 Texas Dream Act, potentially setting a precedent for similar laws in other states.

The Department of Justice (DOJ) has filed a lawsuit against Texas, challenging the state’s decades-old law that grants in-state tuition rates to undocumented immigrants. The lawsuit, filed Wednesday in the Northern District of Texas, argues the law violates federal requirements prohibiting benefits to undocumented individuals that are not also available to U.S. citizens.

Texas Agrees to Comply With Federal Law After Lawsuit

Within hours of the DOJ filing the complaint, Texas officials agreed to align with federal laws, halting the provision of in-state tuition rates to undocumented immigrants, according to a report by The Texas Tribune.

The DOJ claims Texas’ law conflicts with the Supremacy Clause of the U.S. Constitution, which ensures federal law takes precedence over state laws. Attorney General Pam Bondi emphasized this point, stating, “Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens. The Justice Department will relentlessly fight to enforce federal law and ensure fairness for U.S. citizens.”

Federal Laws and Trump Administration Orders Cited

The lawsuit is part of a broader effort to enforce two executive orders signed by President Donald Trump earlier this year. One order, “Ending Taxpayer Subsidization of Open Borders,” directs federal agencies to ensure that undocumented immigrants are not granted taxpayer-funded benefits. The second, “Protecting American Communities From Criminal Aliens,” seeks to prevent state laws that provide in-state tuition to undocumented students while denying the same benefit to out-of-state U.S. citizens.

Higher education institutions are federally prohibited from offering benefits to undocumented immigrants that are not equally available to U.S. citizens.

Background on Texas Dream Act

The legislation under scrutiny, informally known as the Texas Dream Act, was signed into law by Gov. Rick Perry in 2001. It allows undocumented students who graduate from Texas high schools and meet residency and academic requirements to pay in-state tuition rates at public colleges and universities.

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At the time, federal courts had already ruled that a child’s immigration status should not impede access to primary or secondary education. However, higher education policies were left to state discretion, leading Texas to remove immigration status as a consideration for in-state tuition eligibility.

The DOJ’s lawsuit aims to overturn this policy, arguing that it contradicts federal law.

What Happens Next?

If successful, the DOJ’s lawsuit could force Texas to repeal the Texas Dream Act, significantly impacting access to affordable higher education for undocumented students in the state. The case will likely set a precedent for similar laws in other states.

The legal battle highlights ongoing tensions between federal immigration policy and state-level decisions.

Readers, what are your thoughts on the DOJ’s lawsuit? Should states have the right to implement their own education policies, or should federal law take precedence? Share your opinion in the comments and spread the word!

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