Trump Sues Texas Over Dreamer In-State Tuition

4 Jun at 4:38 pm

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Trump Sues Texas Over Dreamer In-State Tuition \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ The Trump administration has filed a lawsuit to block a Texas law granting in-state college tuition to undocumented students. Texas, the first state to pass such a law in 2001, now faces federal legal challenges. Critics warn the move could strip thousands of students of affordable education.

Quick Looks

The Justice Department filed a lawsuit to halt Texas’s in-state tuition for undocumented students.
The 2001 law allows Dreamers to pay reduced tuition if they meet state residency criteria.
Filed in conservative Wichita Falls, the case leans on Trump’s executive orders on immigration.
The law affects over 57,000 undocumented students in Texas public colleges.
Attorney General Pam Bondi says U.S. citizens should not receive fewer benefits than noncitizens.
Republican Gov. Greg Abbott and AG Ken Paxton have not yet commented.
The tuition policy was signed into law by then-Gov. Rick Perry, a Republican.
Supporters argue it benefits Texas by building a skilled workforce.
A similar repeal effort in the Texas Legislature failed to reach a vote.
Florida will repeal its Dreamer tuition law in July under Gov. Ron DeSantis.

Deep Look

In a significant escalation of its immigration crackdown, the Trump administration has filed a federal lawsuit seeking to strike down Texas’s in-state tuition law for undocumented college students—marking the latest move in a broader campaign to limit benefits for migrants and reinforce federal immigration authority.

The lawsuit, filed Wednesday in the Northern District of Texas, challenges a 2001 Texas law that allows young undocumented immigrants—often referred to as Dreamers—to pay in-state tuition rates at public colleges and universities if they meet certain residency criteria. The case was brought in Wichita Falls, a jurisdiction commonly used by conservative plaintiffs to challenge federal laws on issues ranging from healthcare to LGBTQ+ rights.

A Landmark State Law Now Under Federal Fire

Texas was the first state in the country to enact such a law, and over two decades later, it remains one of two dozen states with similar policies. Under the Texas law, students who have lived in the state for at least three years before graduating from a Texas high school, and who sign an affidavit promising to pursue legal status, can qualify for in-state tuition—saving tens of thousands of dollars annually.

At the University of Texas at Austin, for example, in-state tuition for 2024–2025 is approximately $11,000, compared to nearly $41,000 for out-of-state students. For undocumented students, the difference is often the deciding factor between attending college or being priced out entirely.

But that accessibility is now at risk. The Trump administration’s lawsuit argues that federal immigration law prohibits states from offering benefits to undocumented individuals that are not equally available to U.S. citizens.

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

Legislative Efforts and Political Backdrop

The lawsuit comes just days after the Texas legislative session ended, during which a Republican-backed repeal bill was floated but never came to a vote. Despite repeated efforts by conservative lawmakers, the law has survived for over 20 years, even as immigration has become a polarizing issue nationally and statewide.

Originally signed into law by then-Gov. Rick Perry, a Republican, the tuition policy was once touted as a forward-thinking, economically smart solution to support high school graduates living in Texas—regardless of their immigration status. In 2011, Perry defended the law during his presidential bid, saying that opponents of the policy “don’t have a heart.” But after criticism from the Republican base, he later walked back that position.

Today, about 57,000 undocumented students are enrolled in Texas public colleges, according to the Presidents’ Alliance on Higher Education and Immigration, a nonpartisan organization. Texas’s total public college enrollment stands at approximately 690,000 students.

The Broader National Trend

The federal lawsuit in Texas is part of a growing national shift against in-state tuition access for undocumented immigrants. In Florida, Republican Governor Ron DeSantis recently signed legislation that repeals that state’s own Dreamer tuition law effective July 2025.

These rollbacks reflect an ideological shift among GOP leadership, moving away from pragmatic approaches to immigration toward zero-tolerance, restriction-first strategies that aim to cut off access to public benefits and education for undocumented individuals.

Advocacy organizations are pushing back. Luis Figueroa, policy director at Every Texan, condemned the lawsuit as a direct attack on hardworking students.

“Targeted attacks on Texas students who are seeking an affordable college education, led by the Trump administration, won’t help anyone—they only hurt us all,” Figueroa said.

Legal and Political Stakes

The case carries high stakes for immigration law, education access, and the tension between state autonomy and federal supremacy. While Texas Republicans, including Gov. Greg Abbott and Attorney General Ken Paxton, have long been aligned with Trump’s immigration goals, neither has publicly commented on the case as of this writing.

Legal experts note that the Trump administration is relying on recent executive orders that interpret the federal Immigration and Nationality Act to preclude state-based education benefits for undocumented individuals unless equivalent benefits are provided to U.S. citizens.

The federal challenge sets up a direct collision between state law and federal immigration policy, with implications not just for Texas, but for all states offering similar tuition breaks. A ruling against Texas could trigger a wave of legal challenges in other states and effectively dismantle existing access policies across the nation.

As the case heads to court, students, universities, and immigrant advocates are bracing for yet another battle in the ever-evolving legal war over immigration rights, education access, and state sovereignty.