DOJ sues Texas over in-state tuition for illegal immigrants

The U.S. Department of Justice has filed a lawsuit against the State of Texas, challenging the constitutionality of state laws that allow certain illegal immigrants to receive in-state tuition rates at public colleges and universities.

The lawsuit specifically targets provisions in the Texas Education Code that enable noncitizens without legal immigration status to qualify for reduced tuition rates — rates not available to U.S. citizens from other states. The DOJ claims these provisions are in direct conflict with federal law, particularly 8 U.S. Code § 1623, which prohibits such benefits unless they are equally available to all U.S. citizens, regardless of residency.

“Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” said U.S. Attorney General Pam Bondi in a statement released Tuesday. “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 complaint zeroes in on the Texas DREAM Act, a 2001 state law that permits illegal students to access in-state tuition if they meet several residency-based conditions: living in Texas for at least three years before high school graduation, residing in the state for a year before college enrollment, and signing an affidavit pledging to seek legal permanent residency.

Critics argue that such policies effectively incentivize unlawful immigration and unfairly penalize U.S. citizens who live outside Texas. Proponents, however, view them as necessary to ensure opportunity for students who were brought to the country as minors and have grown up in the state.

The DOJ’s legal argument leans heavily on the Supremacy Clause of the U.S. Constitution, which establishes that federal law overrides conflicting state statutes. The complaint claims that the Texas provisions are “expressly preempted” by federal immigration law, rendering them unconstitutional.

The case also draws support from recent executive orders signed by President Trump in early 2025. One order mandates that “no taxpayer-funded benefits go to unqualified aliens,” while another directs federal agencies to curtail enforcement of state policies that favor illegal immigrants over American citizens — specifically calling out in-state tuition laws as a target for review.

The lawsuit seeks to have Texas’s in-state tuition provisions declared unconstitutional, permanently enjoined from enforcement, and for the federal government to recover court costs.

The move is a notable departure from the usual alignment between the Trump administration and Texas on immigration enforcement. In fact, the DOJ’s action has stirred division within the state’s political leadership.

Sen. Charles Schwertner (R-Georgetown) welcomed the lawsuit, urging Texas Attorney General Ken Paxton to “not defend this terrible statute” and instead “settle this case quickly.” Others, like Sen. Roland Gutierrez (D-San Antonio), pushed back strongly. “This lawsuit is cruel,” he said. “Texas Republicans created this program so that all students who grow up here and pay taxes have a fair shot at education.”

This legal challenge also follows the failure of House Bill 232 during the state’s 89th Legislative Session, which would have imposed tighter restrictions on illegal students’ access to in-state tuition. Authored by Rep. Cody Vasut (R-Angleton), the bill was left pending in the House Higher Education Committee.

The outcome of the lawsuit could have sweeping implications for similar laws in other states, potentially reshaping how educational benefits are granted to undocumented residents nationwide. Legal analysts say the case is likely to wind its way to higher courts and may ultimately land before the U.S. Supreme Court.

For now, Texas’s law remains in effect — but the legal and political battle over who gets access to subsidized higher education in America is far from over.