Usually it’s been Texas suing the federal government (especially under Biden) for breaking the law when it comes to illegal aliens, but yesterday saw a reversal when the federal government sued Texas for providing discounted in-state tuition to illegal aliens.
Just two days after the Texas Legislature adjourned without passing legislation to end in-state tuition for illegal aliens, the Trump administration’s Department of Justice filed a federal lawsuit against the state of Texas.
Now, the state has settled, ending the discounted tuition for illegals for now.
Filed in the U.S. District Court for the Northern District of Texas, the lawsuit challenges longstanding provisions of the Texas Education Code that allow certain illegal aliens to pay in-state tuition at public colleges and universities—rates that are significantly lower than those charged to U.S. citizens from other states.
“Federal law prohibits illegal aliens from getting in-state tuition benefits that are denied to out-of-state U.S. citizens,” the DOJ complaint reads. “There are no exceptions. Yet the State of Texas has ignored this law for years.”
The lawsuit cited a federal statute that bars states from offering postsecondary education benefits based on residency to illegal aliens unless the same benefit is available to all U.S. citizens regardless of residency. The DOJ argued Texas law is in direct violation of that statute and therefore preempted under the Supremacy Clause of the Constitution.
Since 2001, Texas has allowed illegal alien students to qualify for in-state tuition if they attended Texas high schools and resided in the state for a certain period. At the time, the policy received bipartisan support and was signed into law by then-Gov. Rick Perry.
During his 2012 presidential campaign, Perry defended the law and infamously called critics of the policy “heartless” during a nationally televised debate.
It was a stupid idea then. Government benefits should be reserved for American citizens. Giving them to illegal aliens is not only morally wrong, it encourages other aliens to break the law by coming here illegally.
Senate Bill 1798 by State Sen. Mayes Middleton would have repealed that provision and barred state-funded financial aid from going to illegal aliens. Despite being placed on the Senate intent calendar, the bill was never brought up for a vote.
Curious.
Now, with the legislative session over and the bill dead, the Trump administration stepped in to accomplish what the Legislature didn’t.
The DOJ asked the court to declare the Texas provisions unconstitutional and to permanently block the state from enforcing them.
Hours after the lawsuit was announced, a settlement was announced, with the state agreeing not to offer discounted tuition to illegal aliens.
“In-state tuition for illegal immigrants in Texas has ended. Texas is permanently enjoined from providing in-state tuition for illegal immigrants,” wrote Gov. Greg Abbott in a social media post.
Funny how you can get things done when Republicans control both the state and national executive branches.
Slowly but surely, common sense is returning to government, and official government preferences for illegal aliens are being stripped away.
Faster, please.
Tags: 89th Texas Legislature, Border Controls, college, Department of Justice, Greg Abbott, Illegal Aliens, Lawsuit, Mayes Middleton, Rick Perry, subsidies, Texas
Republicans are finally learning how to play the “Sue and settle” game.
About time.
As for Rick Perry – He should just give half his income and half his savings to poor, starving illegals and their kids. To do otherwise would be heartless.
Kudos, Pam Bondi!
Lawrence, do you have a link to the complaint?
Found it in the Texas Scorecard story!
[Added the link to the story. – LP]
Days after the Texas legislature and Greg Abbot do nothing to stop giving illegal aliens tuition discounts, Texas settles a federal suit forbidding the practice. That’s pretty cool!
This sounds like an awesome success driven by Attorney General Ken Paxton, working around an ineffective legislature and governor to make things right.
The Texas Attorney General handles legal issues between Texas and the Federal Government, correct?
Wasn’t this Ken Paxton, our future U.S. Senator working with the Trump Justice Department to make this happen?
There is a Civil War going on within the Republican Party! Please give credit to the MAGA warriors fighting for US citizens rights rather than ignoring them.
Establishment Texas Republicans do not fight for us. Ken Paxton and the Trump Justice Department deserve credit her, not Abbot, who did nothing but sign off on the agreement to settle.