Friday, June 6, 2025

DoJ Sues Texas Over In-State Tuition for Illegal Aliens....

...and wins. Per Patriot Post, On Wednesday, Attorney General Pam Bondi’s Justice Department finally did what every prior administration (including Trump 1.0) for the past three decades refused to do — enforced the federal immigration law that bans states from providing in-state tuition to illegal aliens unless they provide the same benefit to citizen-students from any state. 

That same day, Texas cried uncle, agreed with the government, settled the case, and entered into a consent decree.

TL/DR: In 1996, Congress passed the Illegal Alien Reform & Immigrant Responsibility Act which prohibited states like Texas from giving in-state tuition benefits to those here in the country illegally. Until this week, seventeen states and D.C. had laws (in DC's case, a DC City Counsel ordinance that was later approved by Congress) allowing this. This not allows gave an unlawful benefit to illegals already here, it encouraged more illegal immigration and whenever parents of citizen/legal resident alien students tried to sue, the courts rebuffed them stating there was no private right of action in the statute (thus putting it on DoJ's shoulders to you know, actually enforce the law as written).

In the consent decree, Texas acknowledged that the law-in-question violated the Federal Supremacy Clause and were unconstitutional.....now, let us hope that either (a) DoJ goes after the other states and D.C. on this and.or (b) Congress gets off their schnides' and passes an amendments law putting this prohibition into statutory law.

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