Justice Department Sues Texas Over In-State Tuition for Undocumented Students

The Justice Department has filed a lawsuit against Texas, aiming to overturn a long-standing law that grants in-state tuition rates to college students without legal residency in the U.S. Texas was the first state to implement such a law in 2001, allowing “Dreamers” to qualify for reduced tuition if they meet specific residency requirements. Currently, 24 states have similar laws.

The lawsuit, filed in a Texas federal court, seeks to block the law, which has faced repeated attempts by Republican lawmakers to repeal it. This legal action is part of the Trump administration’s broader efforts to curb immigration.

Attorney General Pam Bondi stated, “Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens. 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 is home to approximately 57,000 undocumented students enrolled in public universities and colleges, out of a total of about 690,000 students. The Texas law, initially passed with strong bipartisan support and signed by then-Gov. Rick Perry, aimed to provide access to higher education for undocumented students already residing in the state.

Supporters argue that the law enhances the state’s economy by fostering a more educated workforce. Luis Figueroa of Every Texan, a left-leaning public policy group, criticized the lawsuit, stating, “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.”

The tuition rate difference is significant; for instance, at the University of Texas at Austin, in-state residents paid about $11,000 for the 2024-2025 academic year, compared to approximately $41,000 for out-of-state students. The law allows undocumented students to qualify for in-state tuition if they have lived in Texas for three years before high school graduation and one year before college enrollment, provided they sign an affidavit to apply for legal residency as soon as possible.

Despite repeated legislative attempts to repeal the law in Texas, similar efforts have gained traction in other states. Notably, Florida Gov. Ron DeSantis signed a bill earlier this year to repeal Florida’s in-state tuition law, effective July.