WASHINGTON – The Department of Justice has filed a complaint to block two decades-old Texas laws providing in-state tuition for undocumented immigrants.
In the complaint, the DOJ says the Texas laws “unconstitutionally discriminate against U.S. citizens,” which it says is in direct conflict with the Supremacy Clause of the U.S. Constitution.
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The United States seeks to enjoin enforcement of Texas laws that require colleges and universities to provide in-state tuition rates for all undocumented immigrants who maintain Texas residency, regardless of whether they are lawfully present in the United States.
Federal law prohibits institutions of higher education from providing benefits to undocumented immigrants that are not offered to U.S. citizens.
“Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” said Attorney General Pam 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 undocumented immigrants are not obtaining taxpayer benefits or preferential treatment.