Overview

• The Justice Department filed suit on June 4 in the Northern District of Texas, contending the 2001 law conflicts with federal statutes by offering benefits unavailable to U.S. citizens.
• Texas Attorney General Ken Paxton filed a joint motion supporting the DOJ’s complaint and urged the court to declare the tuition provision unconstitutional under the Supremacy Clause.
• U.S. District Judge Reed O’Connor ruled on June 5 that sections of the Texas Education Code exceed state authority and issued a permanent injunction against their enforcement.
• Undocumented students who had met residency and affidavit requirements will now face out-of-state tuition rates at Texas public universities and colleges.
• The decision caps a long-running dispute over state versus federal authority on immigration benefits and may influence similar tuition policies in two dozen other states.