The Department of Justice (DOJ) today filed a lawsuit to block the enforcement of Texas laws that grant in-state tuition rates to undocumented immigrants at public colleges and universities. The complaint, filed in the United States District Court for the Northern District of Texas, Wichita Falls Division, alleges that provisions of the Texas Education Code directly conflict with federal immigration law and are thus unconstitutional under the Supremacy Clause.
The lawsuit targets specifically some Texas Education Codes, which the DOJ contends allow individuals not lawfully present in the United States to qualify for reduced tuition rates, while U.S. citizens from other states must pay significantly higher out-of-state tuition.
READ :Federal Judge Blocks Deportation Of Colorado Anti-Semitic Attack Suspect’s Family
According to the complaint, federal law, 8 U.S.C. § 1623(a), expressly prohibits an alien not lawfully present in the U.S. from being eligible for any postsecondary education benefit based on state residency, “unless a citizen or national of the United States is eligible for such a benefit . . . without regard to whether the citizen or national is such a resident.” The DOJ argues that Texas’s current laws violate this federal mandate by providing a preferential benefit to undocumented immigrants over out-of-state U.S. citizens.
The filing cites President Trump’s recent Executive Orders, “Ending Taxpayer Subsidization of Open Borders” and “Protecting American Communities From Criminal Aliens” which directed federal agencies to ensure that taxpayer-funded benefits do not go to “unqualified aliens” and to stop enforcement of state laws that favor aliens over U.S. citizens in areas such as in-state higher education tuition.
The DOJ highlights that the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 aimed to promote immigrant self-sufficiency and reduce reliance on public assistance, emphasizing that public benefits should not incentivize illegal entry.
READ :AI Showdown: Johnson Stands Firm On State Ban, Georgia Rep. MTG Cries Federal Overreach
“Federal law prohibits illegal aliens from getting instate tuition benefits that are denied to out-of-state U.S. citizens. There are no exceptions,” the complaint states. “Yet the State of Texas has ignored this law for years. This Court should put that to an end and permanently enjoin the enforcement of certain provisions of the Texas Education Code that expressly and directly conflict with federal immigration law.”
The lawsuit is being brought by Acting Associate Attorney General Chad Mizelle, Deputy Associate Attorney General Abhishek S. Kambli, Acting Assistant Attorney General Yaakov M. Roth of the Civil Division, Deputy Assistant Attorney General Drew C. Ensign, Assistant Director Elianis Perez, and Senior Litigation Counsel Lauren Fascett of the Office of Immigration Litigation.
The complaint seeks a judgment declaring the challenged Texas provisions unconstitutional as applied to undocumented immigrants and a permanent injunction prohibiting Texas from enforcing these provisions.
READ: Karine Jean-Pierre Exits Dems, Dishes On White House, And Missed “View” Gig
In 2022, approximately 56,500 undocumented students were enrolled in higher education institutions in Texas. The DOJ’s action follows a similar sentiment expressed by the U.S. Court of Appeals for the Fifth Circuit in Young Conservatives of Texas Foundation v. Smatresk, which stated that 8 U.S.C. § 1623(a) “expressly preempts state rules that grant illegal aliens benefits when U.S. citizens haven’t received the same.”
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Connect with us: Follow the Tampa Free Press on Facebook and Twitter for breaking news and updates.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox.
