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Jun 6, 2025  |  
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Leif Le Mahieu


NextImg:Texas Ends Benefit Program For Illegal Immigrants After Justice Department Suit

A Texas program offering in-state tuition to illegal immigrants ended Wednesday after the Trump administration sued the state saying that the initiative violated federal law. 

The suit from the Justice Department challenged Texas law that allowed illegal immigrants to be eligible for in-state tuition while denying the same opportunities for American citizens. The challenge was resolved the same day after a federal judge approved a joint motion from Texas Attorney General Ken Paxton and the Justice Department to rule the law unconstitutional.

“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,” said Attorney General Paxton. “Ending this discriminatory and un-American provision is a major victory for Texas.”

The joint motion asked the judge to rule that the tuition provision of Texas law applying to illegal immigrants violated the Constitution’s Supremacy Clause and issue a permanent injunction blocking application of the law.

“In direct and express conflict with federal law, Texas education law specifically allows an alien who is not lawfully present in the United States to qualify for in-state tuition based on residence within the state, while explicitly denying resident-based tuition rates to U.S. citizens that do not qualify as Texas residents,” Paxton and the DOJ wrote in their motion.

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Judge Reed O’Connor of the Northern District of Texas signed off on the motion just hours after it was filed, granting a permanent injunction against the provision.

“In-state tuition for illegal immigrants in Texas has ended,” Governor Greg Abbott said. “Texas is permanently enjoined from providing in-state tuition for illegal immigrants.”

The provision giving illegal immigrants access to in-state tuition was first passed back in 2001 and signed by then-Governor Rick Perry.

In an executive order signed in March, President Donald Trump instructed Attorney General Pam Bondi to “identify and take appropriate action to stop the enforcement of State and local laws, regulations, policies, and practices favoring aliens over any groups of American citizens that are unlawful, preempted by Federal law, or otherwise unenforceable, including State laws that provide in-State higher education tuition to aliens but not to out-of-State American citizens.”