Justice Department sues Texas over in-state tuition for undocumented students

Editor’s note: Following an agreement with Texas Attorney General Ken Paxton with the US Department of Justice (DOJ) Wednesday night, undocumented college students in Texas are no longer eligible for in-state tuition. The video above reflects Wednesday night’s new detail.

AUSTIN (KXAN) — The US Department of Justice (DOJ) filed a lawsuit against Texas on Wednesday over a state law that allows undocumented residents to pay in-state tuition at the state’s public universities.

By law, Texas Attorney General Ken Paxton’s office represents the state in cases involving the federal government. KXAN reached out to his office for a statement about the lawsuit.

The lawsuit cites a 1996 federal law, the Illegal Immigration Reform and Immigrant Responsibility Act (IRRIRA), as preempting the 2001 Texas Dream Act.

As written, Texas’ law allows undocumented immigrants residing in the state to access in-state tuition rates. Former Governor Rick Perry signed the Texas Dream Act, a decision that later served to derail his presidential ambitions in 2012.

“[Texas] had a choice to make economically: Are you going to put these people in a position of having to rely upon government to take care of themselves, or are you going to let them be educated and be contributing members of society, obviously working towards their citizenship,” said Perry in 2001, according to a 2015 report by The Texas Tribune.

However, US Attorney General Pam Bondi’s framing of the IRRIRA argues this is a public benefit that isn’t accessible to other US citizens residing outside of Texas. The lawsuit calls the Texas Dream Act “a blatant violation:

“Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” 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.”

The lawsuit is in the Northern District Court of Texas, home to a few judges favored by Paxton and other Texas Conservatives. It has not yet been assigned to a judge.

Rep. Joaquin Castro, D-Texas, issued a statement Wednesday afternoon responding to the lawsuit, calling it “meritless, cruel and vindictive.” He also called on Paxton to defend Texas’ laws.

“Republicans in Texas created this program in 2001 to establish parity so all tax-paying folks, regardless of status, can receive the benefits they are owed,” Castro said. “Legislation to strip in-state tuition in Texas also just died during the legislative session. Texans have made it clear where they stand on this.”