Texas Ends In-State Tuition for Illegal Immigrants

Texas just delivered a decisive victory for American students and the rule of law, permanently ending in-state tuition benefits for illegal immigrants. The move came after the Trump administration filed suit challenging the state's now-defunct policy, which allowed illegal aliens to pay in-state tuition while denying the same rate to out-of-state U.S. citizens.

The lawsuit, filed by the Department of Justice and Texas Attorney General Ken Paxton, argued that the 2001-era law violated the Constitution's Supremacy Clause by placing non-citizens in a better position than actual Americans. In a matter of hours, a federal judge agreed slamming the door shut on a program that should never have existed in the first place.

“Ending this discriminatory and un-American provision is a major victory for Texas,” said Paxton. “It’s time we put American students first.”

Key facts:

• The 2001 law, signed by then-Gov. Rick Perry, allowed illegal immigrants to receive in-state tuition rates if they resided in Texas.

• Meanwhile, legal U.S. citizens from other states were denied the same benefit.

• A joint motion filed by Texas and the DOJ asked for the provision to be ruled unconstitutional and permanently blocked and a federal judge obliged.

U.S. District Judge Reed O’Connor approved the motion and issued a permanent injunction, effectively terminating the program on the spot. “Texas is permanently enjoined from providing in-state tuition for illegal immigrants,” Governor Greg Abbott confirmed.

This move comes in line with President Donald Trump’s broader crackdown on unlawful state policies that reward illegal immigration at the expense of American citizens. In March, Trump signed an executive order instructing Attorney General Pam Bondi to target state and local laws that unlawfully favor illegal aliens.

In stark contrast, Joe Biden and Democrats continue to push policies that burden taxpayers and reward lawbreaking from sanctuary cities to taxpayer-funded benefits for illegals.

• According to FAIR, taxpayers pay over $150 billion annually to subsidize illegal immigration.

• A 2023 report from the Center for Immigration Studies showed that illegal immigrant households receive more in education and welfare benefits than they contribute in taxes.

• Meanwhile, the average out-of-state U.S. student pays $15,000 to $25,000 more annually than in-state rates making this policy not just unconstitutional, but an outright slap in the face to American families.

This landmark ruling restores fairness and reasserts that U.S. citizens should never be placed second to those who violate our laws.

Texas has taken a bold stand one other states should follow immediately.

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