Justice Department sues Texas over in-state tuition for undocumented students

AUSTIN (KXAN) — The US Department of Justice (DOJ) filed a lawsuit against Texas on Wednesday over a state law that allows undocumented residents to pay in-state tuition at the state's public universities.

By law, Texas Attorney General Ken Paxton's office represents the state in cases involving the federal government. KXAN reached out to his office for a statement about the lawsuit.

The lawsuit cites a 1996 federal law, the Illegal Immigration Reform and Immigrant Responsibility Act (IRRIRA), as preempting the 2001 Texas Dream Act.

As written, Texas' law allows undocumented immigrants residing in the state to access in-state tuition rates. Former Governor Rick Perry signed the Texas Dream Act, a decision that later served to derail his presidential ambitions in 2012.

"[Texas] had a choice to make economically: Are you going to put these people in a position of having to rely upon government to take care of themselves, or are you going to let them be educated and be contributing members of society, obviously working towards their citizenship," said Perry in 2001, according to a 2015 report by The Texas Tribune.

However, US Attorney General Pam Bondi's framing of the IRRIRA argues this is a public benefit that isn't accessible to other US citizens residing outside of Texas. The lawsuit calls the Texas Dream Act "a blatant violation:

“Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Bondi said. “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 is in the Northern District Court of Texas, home to a few judges favored by Paxton and other Texas Conservatives. It has not yet been assigned to a judge.