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Axios
2 days ago
- Politics
- Axios
DOJ sues Texas over in-state tuition for undocumented students
The U.S. Department of Justice on Wednesday sued Texas over a decades-old law letting undocumented students receive in-state tuition, despite about half of the other states offering the same eligibility. Why it matters: The challenge could reshape access to higher education for thousands of undocumented Texans — and could intensify legal scrutiny of similar tuition policies in other states. Driving the news: The DOJ alleges the state's in-state tuition law is unconstitutional and violates federal immigration law. Federal law prohibits undocumented immigrants from getting "tuition benefits that are denied to out-of-state U.S. citizens," the complaint states, also citing Trump-era executive orders directing agencies to block such policies. State of play: The lawsuit comes just after the state Legislature adjourned without passing a bill to repeal the statute. Senate Bill 1798, authored by Sen. Mayes Middleton (R-Galveston), would have repealed the policy and also prohibited universities from providing financial aid to undocumented students. How it works: Texas has granted in-state tuition to undocumented students since 2001, when it became the first state to extend eligibility. To qualify, students must live in the state for three years, graduate from a Texas high school, and sign an affidavit promising to seek legal status. About 19,000 students have signed the affidavit, per state officials, the Texas Tribune reports. Zoom out: 24 states, including the District of Columbia, offer in-state tuition to undocumented students, according to the Higher Ed Immigration Portal — though Florida repealed the policy this year. What they're saying: "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," U.S. Attorney General Pam Bondi said in a statement Wednesday. The other side: Supporters say the policy signed by then-Gov. Rick Perry, a Republican, helps students succeed, fuels the economy, and strengthens the workforce. "This lawsuit would eliminate states' abilities to have these clearly beneficial tuition policies. It would push higher education further out of reach and roll back decades of progress in expanding opportunity and supporting students who are already part of our communities," Todd Schulte, president of immigration nonprofit said in a statement.
Yahoo
2 days ago
- Politics
- Yahoo
DOJ sues Texas over giving undocumented residents in-state tuition
The Trump administration is suing to overturn Texas law that allows residents without legal status to pay in-state tuition rates at public universities. The Department of Justice filed the complaint Wednesday in the U.S. District Court for the Northern District of Texas. It's the latest move in President Donald Trump's bids to reshape both higher education and immigration in advancement of an aggressive 'America First' agenda. 'Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,' Attorney General Pam Bondi said in a statement. '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.' Former Gov. Rick Perry, a Republican who served as Trump's energy secretary during the president's first term, made Texas the first state in the nation to grant in-state tuition eligibility for certain undocumented students when he signed the Texas Dream Act in 2001. More than 20 states followed suit, according to the Higher Ed Immigration Portal. The Texas law has survived multiple attempts to repeal it in the decades since. 'In direct conflict with federal law, Texas law specifically allows an alien who is not lawfully present in the United States to qualify for in-state tuition based on residence within the state, while explicitly denying resident tuition rates to U.S. citizens that do not qualify as Texas residents,' the DOJ wrote in its complaint. Gov. Greg Abbott's office and the Texas Higher Education Coordinating Board did not immediately respond to a request for comment from POLITICO. Some Republicans nationwide have begun to target in-state tuition rates for undocumented students. Florida Republicans earlier this year repealed a measure that granted in-state tuition to undocumented students who attended Florida high schools. This isn't the first time Trump has looked to crack down on non-U.S. citizens in American colleges. Last week, Secretary of State Marco Rubio announced a push to 'aggressively revoke' visas for Chinese international students, specifically for 'those with connections to the Chinese Communist Party or studying in critical fields.' The details behind the measure remain unclear, but Trump's allies spent years preparing the policy. The White House has also sought to cut off Harvard's ability to enroll foreign students, who comprise roughly 27 percent of the university's student body.
Politico
2 days ago
- Politics
- Politico
DOJ sues Texas over giving undocumented residents in-state tuition
The Trump administration is suing to overturn Texas law that allows residents without legal status to pay in-state tuition rates at public universities. The Department of Justice filed the complaint Wednesday in the U.S. District Court for the Northern District of Texas. It's the latest move in President Donald Trump's bids to reshape both higher education and immigration in advancement of an aggressive 'America First' agenda. 'Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,' Attorney General Pam Bondi said in a statement. '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.' Former Gov. Rick Perry, a Republican who served as Trump's energy secretary during the president's first term, made Texas the first state in the nation to grant in-state tuition eligibility for certain undocumented students when he signed the Texas Dream Act in 2001. More than 20 states followed suit, according to the Higher Ed Immigration Portal. The Texas law has survived multiple attempts to repeal it in the decades since. 'In direct conflict with federal law, Texas law specifically allows an alien who is not lawfully present in the United States to qualify for in-state tuition based on residence within the state, while explicitly denying resident tuition rates to U.S. citizens that do not qualify as Texas residents,' the DOJ wrote in its complaint. Gov. Greg Abbott's office and the Texas Higher Education Coordinating Board did not immediately respond to a request for comment from POLITICO. Some Republicans nationwide have begun to target in-state tuition rates for undocumented students. Florida Republicans earlier this year repealed a measure that granted in-state tuition to undocumented students who attended Florida high schools. This isn't the first time Trump has looked to crack down on non-U.S. citizens in American colleges. Last week, Secretary of State Marco Rubio announced a push to 'aggressively revoke' visas for Chinese international students, specifically for 'those with connections to the Chinese Communist Party or studying in critical fields.' The details behind the measure remain unclear, but Trump's allies spent years preparing the policy. The White House has also sought to cut off Harvard's ability to enroll foreign students, who comprise roughly 27 percent of the university's student body.
2 days ago
- General
Justice Department sues Texas over in-state tuition for students without legal residency
AUSTIN, Texas -- The Justice Department on Wednesday sought to block a Texas law that for decades has given college students without legal residency in the U.S. access to reduced in-state tuition rates. Texas was the first state in the nation in 2001 to pass a law allowing 'Dreamers,' or young adults without legal status, to be eligible for in-state tuition if they meet certain residency criteria. Twenty-four states now have similar laws, according to the Higher Ed Immigration Portal, which tracks state policies on immigration and education. The lawsuit filed in Texas federal court asks a judge to block the law, which some state Republican lawmakers have sought to repeal for years. The lawsuit is the latest effort by the Trump administration to crack down on immigration into the country. 'Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,' said Attorney General Pam Bondi said. '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.' About 57,000 undocumented students are enrolled in Texas universities and colleges, according to the Presidents' Alliance on Higher Education and Immigration, a nonpartisan nonprofit group of university leaders focused on immigration policy.
Hindustan Times
2 days ago
- Business
- Hindustan Times
Justice Department sues Texas over in-state tuition for students without legal residency
AUSTIN, Texas — The Justice Department on Wednesday sought to block a Texas law that for decades has given college students without legal residency in the U.S. access to reduced in-state tuition rates, Texas was the first state in the nation in 2001 to pass a law allowing 'Dreamers,' or young adults without legal status, to be eligible for in-state tuition if they meet certain residency criteria. Twenty-four states now have similar laws, according to the Higher Ed Immigration Portal, which tracks state policies on immigration and education. The lawsuit filed in Texas federal court asks a judge to block the law, which some state Republican lawmakers have sought to repeal for years. The lawsuit is the latest effort by the Trump administration to crack down on immigration into the country. 'Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,' said Attorney General Pam Bondi said. '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.' Texas has about 57,000 undocumented students enrolled in its public universities and colleges, according to the Presidents' Alliance on Higher Education and Immigration, a nonpartisan nonprofit group of university leaders focused on immigration policy. The state has about 690,000 students overall at its public universities. Texas Gov. Greg Abbott and state Attorney General Ken Paxton, did not immediately comment on the lawsuit and staff did not immediately respond to email messages seeking comment. The Texas law was initially passed by sweeping majorities in the Texas Legislature and signed into law by then-Gov. Rick Perry, a Republican, as a way to open access to higher education for undocumented students already living in the state. Supporters of the Texas law argue it boosts the state's economy by creating a better educated and better prepared work force. 'Targeted attacks on Texas students who are seeking an affordable college education, led by the Trump administration, won't help anyone- they only hurt us all,' said Luis Figueroa of Every Texan, a left-leaning public policy group. The difference in tuition rates are substantial. For example, at the flagship University of Texas at Austin, a state resident paid about $11,000 in tuition for the 2024-2025 academic year compared to about $41,000 for students from outside of Texas. The law allows for students without legal resident status to qualify for in-state tuition if they have lived in the state for three years before graduating from high school, and for a year before enrolling in college. They must also sign an affidavit promising to apply for legal resident status as soon as possible. But the policy would soon come under fire from conservatives and critics who called it unfair to legal residents as debates over illegal immigration intensified. In the 2012 Republican presidential primary, Perry ended up apologizing after saying critics of the law 'did not have a heart.' Legislative efforts to repeal the Texas law have repeatedly failed, but have started to gain traction elsewhere. Florida Gov. Ron DeSantis, a Republican, earlier this year signed a bill that will repeal Florida's in-state tuition law in July.
