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Federal judge declares Texas law granting illegal migrants in-state college tuition unconstitutional after state joins Trump in lawsuit

Last updated: June 4, 2025 10:22 pm
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Federal judge declares Texas law granting illegal migrants in-state college tuition unconstitutional after state joins Trump in lawsuit
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Federal Judge Blocks Texas Law Allowing In-State Tuition for Illegal Immigrants

In a significant decision, a federal judge has permanently blocked Texas from enforcing a state law that allowed illegal immigrants to pay in-state tuition rates for public universities. The Trump administration challenged the statute, leading to this ruling.

The two-decades-old law was overturned after Texas Attorney General Ken Paxton filed a motion agreeing with the Justice Department’s contention that the statute conflicted with federal immigration law.

According to District Judge Reed O’Connor, the challenged provisions violated the Supremacy Clause and were deemed unconstitutional. The court permanently enjoined the enforcement of the law for illegal immigrants who are not lawfully present in the United States.

The Trump administration filed a lawsuit against the state of Texas over the law on Wednesday. Francis Chung/UPI/Shutterstock

After the ruling, Texas Governor Greg Abbott declared that “In-state tuition for illegal immigrants in Texas has ended.”

Attorney General Ken Paxton expressed his satisfaction with the decision, calling it a major victory for Texas.

The Trump administration argued in its lawsuit that federal law prohibits illegal aliens from receiving in-state tuition benefits that are denied to out-of-state U.S. citizens. Texas quickly joined Trump in supporting arguments that the law was unconstitutional.

Texas quickly joined Trump in a motion supporting arguments that the law was unconstitutional. Getty Images for 2025 NCAA March Madness Music Festival

The 2001 state law, passed under former Republican Governor Rick Perry, allowed illegal immigrant students meeting certain criteria to pay lower tuition rates than out-of-state students.

Various states have similar laws on the books, but the recent ruling in Texas sets a precedent for the enforcement of federal immigration laws.

Attorney General Pam Bondi emphasized the importance of upholding federal law and ensuring that U.S. citizens are not treated unfairly. The DOJ’s complaint referenced executive orders by President Trump as the basis for the lawsuit.

TAGGED:collegeDeclaresFederalgrantingIllegalinstateJoinsJudgelawLawsuitMigrantsStateTexasTrumpTuitionUnconstitutional
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