2025-06-04 20:32:06 GMT
By Ryan Autullo
(Bloomberg Law) -- The Trump administration sued Texas on
Wednesday for charging undocumented immigrants lower tuition to
attend state schools than US citizens who live outside Texas.
The tuition model Texas has used since 2001 “is squarely
prohibited and preempted by federal law,” the lawsuit alleges,
because it gives a postsecondary education benefit to a
noncitizen that isn’t available to citizens.
“Out-of-state American citizens therefore pay substantially
higher tuition than aliens who are not lawfully present in the
United States,” the suit filed in the US District Court for the
Northern District of Texas says.
The filing comes as a surprise as the president and Texas
have been closely aligned on immigration policies, following
four years of the Biden administration clashing with Texas over
measures related to border security.
The lawsuit comes two days after Texas lawmakers ended
their biennial legislative session without passing a bill filed
that would’ve required an applicant for in-state tuition to sign
a statement declaring they are a citizen of the US. SB 1798,
which was authored or co-authored by nine Senators, died in the
upper chamber after never getting a floor vote.
Texas Gov. Greg Abbott (R) didn’t respond to a request to
comment on the suit, nor did Texas Attorney General Ken Paxton (R).
The Trump administration is asking a judge to declare the
Texas tuition law unconstitutional and for an injunction to stop
schools from charging in-state tuition to nonresidents.
The case is before Judge Reed O’Connor, who George W. Bush
appointed to the bench.
The case is USA v. Texas, N.D. Tex., No. 7:25-cv-00055,
6/4/25.
By Ryan Autullo
(Bloomberg Law) -- The Trump administration sued Texas on
Wednesday for charging undocumented immigrants lower tuition to
attend state schools than US citizens who live outside Texas.
The tuition model Texas has used since 2001 “is squarely
prohibited and preempted by federal law,” the lawsuit alleges,
because it gives a postsecondary education benefit to a
noncitizen that isn’t available to citizens.
“Out-of-state American citizens therefore pay substantially
higher tuition than aliens who are not lawfully present in the
United States,” the suit filed in the US District Court for the
Northern District of Texas says.
The filing comes as a surprise as the president and Texas
have been closely aligned on immigration policies, following
four years of the Biden administration clashing with Texas over
measures related to border security.
The lawsuit comes two days after Texas lawmakers ended
their biennial legislative session without passing a bill filed
that would’ve required an applicant for in-state tuition to sign
a statement declaring they are a citizen of the US. SB 1798,
which was authored or co-authored by nine Senators, died in the
upper chamber after never getting a floor vote.
Texas Gov. Greg Abbott (R) didn’t respond to a request to
comment on the suit, nor did Texas Attorney General Ken Paxton (R).
The Trump administration is asking a judge to declare the
Texas tuition law unconstitutional and for an injunction to stop
schools from charging in-state tuition to nonresidents.
The case is before Judge Reed O’Connor, who George W. Bush
appointed to the bench.
The case is USA v. Texas, N.D. Tex., No. 7:25-cv-00055,
6/4/25.
