Trump DOJ Lawsuit Ends In-State Tuition For Illegal Aliens

June 6, 2025 – A longstanding Texas law allowing certain undocumented immigrants to receive in-state tuition at public colleges has come under legal fire. The federal Department of Justice recently filed a lawsuit challenging the policy, arguing it violates federal law and the U.S. Constitution’s Supremacy Clause. Texas Attorney General Ken Paxton quickly settled the suit, agreeing to end the tuition program.

“Ending this discriminatory and un-American provision is a major victory for Texas.” – Ken Paxton

Since 2001, Texas has permitted undocumented students to qualify for in-state tuition if they attended Texas high schools and lived in the state for a defined period. This made Texas one of the first states to adopt such a policy. The tuition rate difference is substantial, with in-state rates significantly lower than what out-of-state U.S. citizens pay. During his 2012 presidential run, then-Governor Rick Perry vigorously defended the policy, calling critics “heartless.”

The lawsuit pointed to federal statutes that prohibit states from providing postsecondary education benefits based on residency to undocumented immigrants unless the same benefits are offered to all U.S. citizens, regardless of state residency. The DOJ argued, and Paxton concurred, that Texas’s policy conflicted with this federal provision.

Meanwhile, efforts to repeal the law through legislation also fell short. A bill authored by Sen. Mayes Middleton (R-Galveston) aimed to eliminate the program and restrict financial aid access to undocumented students. Although the measure was scheduled for consideration, it was never brought to a vote.