The Trump administration has filed a lawsuit against Texas regarding the Texas Dream Act of 2001, which provides undocumented residents with the same discounted tuition rates as in-state college applicants. The administration claims this law violates federal immigration statutes.
The lawsuit was unexpected, as Texas, a Republican-led state, has generally aligned with the Trump administration's stringent immigration policies. The case was filed in the Northern District of Texas under the title United States of America v. State of Texas.
Attorney General Pam Bondi stated, “Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” emphasizing the Justice Department's commitment to protect the rights of U.S. citizens.
It remains uncertain how Texas will respond to the lawsuit concerning the Texas Dream Act of 2001, originally championed by then-Governor Rick Perry. Perry had previously defended the act during his 2012 presidential campaign, saying that opposition to it lacked compassion.
The state's current attorney general, Ken Paxton, is expected to represent Texas in the case, although his strategy has not been disclosed. Paxton is currently focused on a campaign to unseat Senator John Cornyn in the Republican primary, utilizing his strong stance on immigration enforcement as a key issue.
According to the National Immigration Forum, Texas was the first state to offer in-state tuition to undocumented students. The financial implications are significant, with in-state tuition at the University of Texas at Austin costing around $10,800 annually, compared to approximately $40,500 for out-of-state students.
Currently, nearly half of U.S. states provide similar in-state tuition benefits to undocumented students, mostly in Democratic-led states. In Texas, many undocumented students have attended American public schools after being brought to the country as children.
In April, President Trump issued an executive order aimed at laws that allow in-state tuition for undocumented students, instructing Bondi to take appropriate action to halt such provisions, primarily targeting states with Democratic leadership.
During the recent legislative session, Texas Republican lawmakers contemplated revising the law, but attempts to repeal it failed to gain traction. A proposed bill in the State Senate aimed to eliminate in-state tuition for undocumented students but did not proceed to a full vote.
State Representative Ramón Romero Jr. criticized the lawsuit, stating that Texas lawmakers recognized the importance of the Texas Dream Act despite pressure from the Trump administration. He emphasized the fairness of providing opportunities to these students.
The Texas Dream Act is applicable to undocumented students who have completed three years of high school in Texas and have resided in the state for one year prior to enrolling in a public college or university. These students must also declare their intention to apply for permanent residency when eligible.
The Justice Department's complaint cites a federal immigration law from 1996 that restricts states from offering such benefits to undocumented individuals. The Texas Dream Act recently survived a legal challenge from the Young Conservatives of Texas Foundation, which was dismissed by the U.S. Court of Appeals for the Fifth Circuit in 2023, focusing primarily on tuition disparities between in-state and out-of-state students rather than the legality of in-state tuition for undocumented students.