Justice Department sues Texas over in-state tuition for students without legal residency

AUSTIN, Texas (AP) — The Justice Department on Wednesday sought to block a Texas law that for decades has given college students without legal residency in the U.S. access to reduced in-state tuition rates,

Texas was the first state in the nation in 2001 to pass a law allowing “Dreamers,” or young adults without legal status, to be eligible for in-state tuition if they meet certain residency criteria. Twenty-four states now have similar laws, according to the Higher Ed Immigration Portal, which tracks state policies on immigration and education.

The lawsuit filed in Texas federal court asks a judge to block the law, which some state Republican lawmakers have sought to repeal for years. The lawsuit is the latest effort by the Trump administration to crack down on immigration into the country.

“Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” said Attorney General Pam Bondi said. “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.”

Texas has about 57,000 undocumented students enrolled in its public universities and colleges, according to the Presidents’ Alliance on Higher Education and Immigration, a nonpartisan nonprofit group of university leaders focused on immigration policy. The state has about 690,000 students overall at its public universities.

Texas Gov. Greg Abbott and state Attorney General Ken Paxton, did not immediately comment on the lawsuit and staff did not immediately respond to email messages seeking comment.

The Texas law was initially passed by sweeping majorities in the Texas Legislature and signed into law by then-Gov. Rick Perry, a Republican, as a way to open access to higher education for undocumented students already living in the state.

Supporters of the Texas law argue it boosts the state’s economy by creating a better educated and better prepared work force.

“Targeted attacks on Texas students who are seeking an affordable college education, led by the Trump administration, won’t help anyone- they only hurt us all,” said Luis Figueroa of Every Texan, a left-leaning public policy group.

The difference in tuition rates are substantial. For example, at the flagship University of Texas at Austin, a state resident paid about $11,000 in tuition for the 2024-2025 academic year compared to about $41,000 for students from outside of Texas.

The law allows for students without legal resident status to qualify for in-state tuition if they have lived in the state for three years before graduating from high school, and for a year before enrolling in college. They must also sign an affidavit promising to apply for legal resident status as soon as possible.

But the policy would soon come under fire from conservatives and critics who called it unfair to legal residents as debates over illegal immigration intensified. In the 2012 Republican presidential primary, Perry ended up apologizing after saying critics of the law “did not have a heart.”

Legislative efforts to repeal the Texas law have repeatedly failed, but have started to gain traction elsewhere. Florida Gov. Ron DeSantis, a Republican, earlier this year signed a bill that will repeal Florida's in-state tuition law in July.