Trump DOJ Lawsuit Ends In-State Tuition for Undocumented Immigrants in Texas
The U.S. Department of Justice under President Trump’s administration, initiated legal action against a long-standing Texas law that provided undocumented immigrants with in-state tuition rates at public colleges and universities. Enacted as the Texas Dream Act of 2001, this policy permitted undocumented students who had lived in Texas for at least three years before high school graduation and one year before college enrollment to pay in-state tuition—roughly $11,000 per year at schools like the University of Texas at Austin, compared to $41,000 for out-of-state students. The rapid conclusion of the case, with a federal judge issuing an injunction, represents a major change in Texas’s higher education system and reflects the Trump administration’s focus on stricter immigration policies.
The Lawsuit and Its Immediate Effects
The DOJ filed its lawsuit in the Northern District of Texas, asserting that the Texas Dream Act contravened federal law, specifically 8 USC § 1623, which bars states from offering postsecondary education benefits to undocumented immigrants unless those benefits are also available to all U.S. citizens, regardless of their state of residence. The DOJ argued that the policy unfairly disadvantaged out-of-state U.S. students, who paid higher tuition than undocumented Texas residents.
In a striking development, Texas Attorney General Ken Paxton, a key supporter of President Trump, endorsed the DOJ’s stance. Within hours of the lawsuit’s filing, Paxton submitted a joint motion with the DOJ to deem the Texas law unconstitutional. U.S. District Judge Reed O’Connor, a George W. Bush appointee, issued a permanent injunction that day, effectively nullifying the in-state tuition provision. This ruling affects approximately 57,000 undocumented students at Texas’s public universities, out of a total of 690,000 students.
Paxton praised the outcome, declaring, “This decision ensures Texas complies with federal law and eliminates an unfair provision that prioritized illegal immigrants over American citizens.” Governor Greg Abbott supported this view, presenting the repeal as a move to prioritize U.S. citizens for taxpayer-funded benefits.
Passed in 2001, the Texas Dream Act was groundbreaking legislation, making Texas the first state to grant in-state tuition to undocumented students. Spearheaded by former state Representative Rick Noriega, the law sought to broaden educational opportunities for undocumented youth, many of whom were brought to the U.S. as children and were deeply integrated into Texas communities. Advocates maintained that the policy promoted equity and strengthened the state’s economy by fostering a skilled workforce. A study by the Center for Public Policy Priorities estimated that undocumented graduates significantly boosted Texas’s economy, with the state risking a $461 million annual loss in earnings and spending power without the policy.
The law imposed strict requirements, such as three years of Texas residency before high school graduation and a pledge to seek legal residency. Over the past two decades, it enabled thousands of students to access affordable higher education, with many contributing to sectors like healthcare, education, and technology.
The repeal has generated sharply divided responses. Supporters, including Paxton and state Senator Mayes Middleton, argue that the policy unjustly subsidized undocumented students at the expense of American taxpayers. Middleton, a longtime advocate for repeal, noted that Texas spent approximately $150 million this year on tuition subsidies for undocumented students. “It’s about fairness,” Middleton stated. “Texas taxpayers should not fund benefits that favor illegal immigrants over U.S. citizens.”