Justice Department challenges old Texas law providing in-state tuition for illegal migrants

Portions of the Texas Education Code allow illegal migrants to receive the discounted tuition price as long as they reside in the state, which the department claimed was in violation of federal law.

Published: June 4, 2025 7:28pm

The Justice Department filed a complaint on Wednesday challenging a decades-old Texas law that offers in-state tuition rates at state universities to illegal migrants.

Portions of the Texas Education Code allow illegal migrants to receive the discounted tuition price as long as they reside in the state, which the department claimed was in violation of federal law.

The complaint asks the U.S. District Court in the Northern District of Texas to block the state law and prevent officials from enforcing it.

“Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Attorney General Pam Bondi said in a statement. “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 comes after President Donald Trump signed two executive orders that prevent illegal migrants from obtaining benefits reserved for U.S. citizens, or preferential treatment.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage. 

The Facts Inside Our Reporter's Notebook

Just the News Spotlight

Support Just the News