(The Center Square) – The U.S. Department of Justice sued Texas on Wednesday over a decades-old law that gives non-citizens in-state tuition.
The Department of Justice filed a complaint in the Northern District of Texas against the state of Texas and Texas officials seeking to stop officials from enforcing the Texas laws.Â
In the complaint, the DOJ seeks to stop enforcement of Texas laws that require colleges and universities to provide in-state tuition rates for all non-citizens who live in Texas.
"Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens," Attorney General Pam 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."
DOJ attorneys said out-of-state U.S. residents would pay higher tuition than non-citizens under the 2001 Texas law.
"Out-of-state American citizens therefore pay substantially higher tuition than aliens who are not lawfully present in the United States but nevertheless meet the Texas residency requirement," according to the complaint.
Gov. Greg Abbott's office is reviewing the complaint.
"The state is reviewing the lawsuit and the applicable law to determine next steps," press secretary Andrew Mahaleris said in a statement.
The complaint noted that about 408,000 undocumented students enrolled in U.S. colleges in 2022. That year, there were about 56,500 undocumented students enrolled in Texas colleges.
The lawsuit comes after President Donald Trump signed two executive orders that aim to stop illegal aliens from getting taxpayer benefits or preferential treatment.Â
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