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Justice Department sues Texas over in-state tuition for students without legal residency

Jun 4, 2025, 11:27 AM | Updated: Jun 5, 2025, 9:28 am

FILE - In this Sept. 27, 2012, file photo, students walk through the University of Texas at Austin ...

FILE - In this Sept. 27, 2012, file photo, students walk through the University of Texas at Austin campus near the school's iconic tower in Austin, Texas. (AP Photo/Eric Gay, File)
Credit: ASSOCIATED PRESS

(AP Photo/Eric Gay, File)

AUSTIN, Texas (AP) — 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. Several states followed suit and have since passed similar legislation.

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.

“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.

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Justice Department sues Texas over in-state tuition for students without legal residency