The Justice Department Files Complaint to Block Decades-Old Texas Laws Providing In-State Tuition for Illegal Aliens

WASHINGTON - The United States is challenging two decades-old Texas laws providing in-state tuition for illegal aliens. These laws unconstitutionally discriminate against U.S. citizens, who are not afforded the same privileges, in direct conflict with federal law. On Wednesday, June 4, the Department of Justice filed a complaint in the Northern District of Texas against the State of Texas and many Texas officials seeking to enjoin the officials from enforcing the Texas laws and bring them into compliance with federal requirements.

In the complaint, the United States seeks to enjoin enforcement of Texas laws that require colleges and universities to provide in-state tuition rates for all aliens who maintain Texas residency, regardless of whether those aliens are lawfully present in the United States. Federal law prohibits institutions of higher education from providing benefits to aliens that are not offered to U.S. citizens. The Texas laws blatantly conflict with federal law and are thus in conflict with the Supremacy Clause of the U.S. Constitution.

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

This lawsuit follows two executive orders recently signed by President Trump that seek to ensure illegal aliens are not obtaining taxpayer benefits or preferential treatment. The first, “Ending Taxpayer Subsidization of Open Borders” orders all agencies to “ensure, to the maximum extent permitted by law, that no taxpayer-funded benefits go to unqualified aliens.” The second, “Protecting American Communities From Criminal Aliens,” directs relevant officials to “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.”

View the complaint here.