AUSTIN, Texas (AP) — A federal judge on Wednesday obstructed Texas laws that have allowed college students without legal residency to benefit from reduced tuition fees for decades, aligning with the Trump administration’s recent initiatives on immigration. Pollution on immigration.
The ruling followed a lawsuit filed by the Justice Department in 2001 aiming to halt the state’s first class policy upon its inception in Texas. Instead of contesting this case, Texas Republican Attorney General Ken Paxton promptly informed the court of his office’s support, facilitating backing from U.S. district court judges.
As a direct consequence, Texas laws that some conservatives have sought to repeal for years have been abruptly nullified.
The judge’s decision deemed Texas law applicable to individuals as “legally nonexistent in the United States… () unconstitutional and invalid.”
This order specifically addresses Texas but may motivate conservatives to challenge similar statutes in around two dozen other states.
“The termination of this discriminatory, non-American provision is a significant victory for Texas,” stated Paxton.
The Texas law was devised to support young individuals who are “dreamers” or lack legal status, provided they meet certain residency criteria.
Presently, half the nation maintains comparable laws; however, the Trump administration has initiated a lawsuit in conservative Texas. Republican Governor Greg Abbott and state lawmakers have long aimed to endorse the president’s stringent border policies.
The lawsuit and ruling occurred merely two days after the conclusion of a state legislative session that entertained a repeal bill endorsed by a faction of Republicans but ultimately failed to pass.
This lawsuit drew extensively from a recent executive order signed by Trump, intended to terminate any state or local laws or regulations perceived to discriminate against legal residents.
“Under federal law, schools cannot extend benefits to illegal aliens that are not available to U.S. citizens,” asserted Attorney General Pam Bondy. “The Department of Justice will unwaveringly advocate for federal laws and ensure that U.S. citizens are not treated as second-class citizens anywhere in the country.”
Texas has approximately 57,000 undocumented students enrolled in public universities, as reported by The President’s Alliance on Higher Education and Immigration, a nonpartisan nonprofit organization of university leaders focused on immigration policy. In total, the state has about 690,000 students in public universities.
“In-state tuition benefits for undocumented immigrants in Texas have concluded,” remarked Abbott. Short statement on X.
The lawsuit was initiated in the Wichita Falls Division of the Northern District of Texas, where Paxton and conservative litigants frequently contest federal issues, healthcare, and LGBTQ+ rights.
The Texas tuition policy was originally enacted by a significant majority in the state legislature and was signed into law by then-Governor Rick Perry to facilitate higher education access for undocumented, nonresident students residing in the state. Advocates assert that it enhances the state’s economy by cultivating a well-educated, skilled workforce.
“We must not allow targeted attacks on Texas students seeking affordable higher education to be led by the Trump administration.”
The tuition rate disparity is considerable. For instance, at the flagship university in Texas, Austin, in-state residents paid approximately $11,000 for the 2024-2025 academic year, while out-of-state students faced fees around $41,000. Additional costs for housing, supplies, and transportation could add nearly $20,000 more, according to university estimates.
The law enabled students without legal residency to qualify for in-state tuition if they resided in Texas for at least one year prior to graduating from high school or before enrolling in college. They were also required to sign an affidavit agreeing to apply for legal residency at the earliest opportunity.
However, the policy faced swift backlash as disputes surrounding illegal immigration escalated, and critics labeled it as unjust towards legal residents. During the 2012 Republican presidential primary, Perry expressed remorse after being accused of lacking compassion.
Repeated legislative attempts to repeal Texas law have consistently failed but have begun to gain momentum in other regions. This year, Republican Florida Governor Ron DeSantis signed the Will Bill, eliminating the state’s in-state tuition laws, in July.
“The termination of the tuition policy in Texas represents a direct assault on the educational aspirations of countless students who have grown up in our communities and consider Texas home,” stated Judith Cruz, Assistant Director of the Houston area for Ed Tolsto, Texas.
Source: apnews.com