Overview

• On June 4, the Justice Department sued Texas in the Northern District of Texas to enjoin enforcement of a 2001 law granting in-state tuition to undocumented students.
• U.S. District Judge Reed O’Connor swiftly issued an injunction declaring the provisions unconstitutional under the Constitution’s Supremacy Clause.
• Texas Attorney General Ken Paxton joined the lawsuit with a joint motion calling the policy discriminatory and invalid.
• The 2001 statute enabled roughly 57,000 undocumented students who met residency and affidavit requirements to access in-state tuition rates.
• The permanent block raises questions about the future of similar in-state tuition programs in about two dozen other states.