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Federal Judge Blocks Texas Law on In-State Tuition for Undocumented Students

The ruling concludes a lawsuit that argued Texas’s 2001 tuition statute clashed with federal immigration law under the Constitution’s Supremacy Clause.

Attorney General Pam Bondi speaks to reporters outside the White House, Wednesday, May 7, 2025, in Washington. (AP Photo/Mark Schiefelbein)
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President Donald Trump speaking to the press in the rain after landing on Air Force One at Joint Base Andrews in Maryland, May 30, 2025, after traveling to Pennsylvania to visit a US Steel plant.
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Overview

  • U.S. District Judge Reed O’Connor issued a permanent injunction on June 5 blocking enforcement of Texas Education Code provisions that granted in-state rates to students not lawfully present.
  • The Department of Justice filed its complaint on June 4, accusing the 2001 policy of unlawfully discriminating against U.S. citizens and conflicting with federal immigration statutes.
  • Texas Attorney General Ken Paxton joined the Trump administration’s suit and filed a joint motion to declare the state law unconstitutional hours after the DOJ’s initial filing.
  • The two-decade-old statute had allowed undocumented students who met residency and affidavit requirements to pay in-state tuition, benefiting about 57,000 enrollees.
  • Officials warned that similar provisions in nearly two dozen other states may face legal challenges as part of the administration’s broader effort to enforce federal supremacy in immigration benefits.