In a pivotal legal shift with national implications, a federal court has ruled that a Texas law granting in-state tuition to illegal immigrants is unconstitutional, ending a policy that had been in place for more than two decades.
The decision came after Texas Attorney General Ken Paxton filed a joint motion with the U.S. Department of Justice in the U.S. District Court for the Northern District of Texas. The court entered a final judgment this week, permanently halting enforcement of the law and siding with claims that the policy unfairly discriminated against out-of-state U.S. citizens.
A Law Declared Unconstitutional
At the heart of the case was a 2001 Texas statute that allowed certain illegal immigrants — often referred to as “Dreamers” — to pay in-state college tuition rates if they met residency and graduation criteria. Supporters long argued the law gave promising students a chance to pursue higher education affordably, regardless of their immigration status.
But the U.S. Department of Justice and Attorney General Paxton asserted the law was unconstitutional under federal standards. In legal filings, they argued the statute provided benefits to illegal individuals that were denied to some U.S. citizens — namely, out-of-state students — in violation of federal law.
“Today, I entered a joint motion along with the Trump Administration opposing a law that unconstitutionally and unlawfully gave benefits to illegal aliens that were not available to American citizens,” Paxton said in a public statement. “Ending this discriminatory and un-American provision is a major victory for Texas.”
The court agreed with the argument, issuing a permanent injunction that immediately ends in-state tuition eligibility for illegal immigrants in Texas.
Federal Backing and Legal Rationale
In a rare show of alignment, the U.S. Department of Justice joined Paxton’s effort, underscoring the Biden administration’s continuation of Trump-era policies regarding immigration benefits — or, at the very least, a willingness to enforce certain constitutional interpretations.
“Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” said Attorney General Ashley Bondi of the DOJ. “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 court’s final ruling cited this imbalance, noting that Texas law allowed illegal residents to receive tuition discounts based solely on their state residency — even if their presence in the U.S. was unlawful — while U.S. citizens from other states were required to pay significantly higher tuition rates.
Immediate and Long-Term Impacts
Governor Greg Abbott hailed the court’s decision in a post on X (formerly Twitter), writing: “In-state tuition for illegal immigrants in Texas has ended. Texas is permanently enjoined from providing in-state tuition for illegal immigrants.”
The ruling marks a decisive legal endpoint to years of political wrangling over the policy. Although previous legislative attempts to repeal the in-state tuition provision had failed to gain traction, this court decision bypasses the state legislature and sets a legal precedent.
Some Republican lawmakers are now pushing for a follow-up bill that would require illegal students who previously received discounted tuition to repay the difference — though legal experts warn that retroactive penalties could face constitutional challenges of their own.
National Context: A Shrinking Map of Tuition Benefits
Texas is not alone in grappling with the issue. As of early 2025, 24 states and Washington, D.C. offered in-state tuition to illegal immigrants. But that number has begun to shrink.
Earlier this year, Florida repealed its 2014 law granting in-state tuition to illegal students, with the repeal taking effect on July 1. Other states are reportedly reconsidering their own policies in light of the Texas decision.
Advocacy groups for immigrant rights have criticized the ruling as a step backward. They argue that illegal youth brought to the U.S. as children should not be punished for circumstances beyond their control, especially when they have grown up in and contributed to their communities.
What Comes Next
For now, colleges and universities across Texas will be required to end in-state tuition offerings to illegal students — a change that could significantly increase costs for many and alter the educational prospects for thousands.
Legal analysts note that while the case resolved the issue in Texas, the broader constitutional argument may spur similar legal challenges in other states that still offer such tuition benefits. If that happens, the issue could eventually reach the U.S. Supreme Court.
