AG Paxton Successfully Strikes Down Unconstitutional Law that Gave In-State Tuition to Illegal Aliens
June 4, 2025 | Austin, TX
After filing a joint motion with the U.S. Department of Justice in federal court, Attorney General Ken Paxton successfully stopped a law that unconstitutionally provided in-state tuition to illegal aliens.
State lawmakers failed to pass legislation during the 89th Texas Legislative Session banning the practice.
“Today, I entered a joint motion along with the Trump Administration opposing a law that unconstitutionally and unlawfully gave benefits to illegal aliens that were not available to American citizens,” said Attorney General Paxton. “Ending this discriminatory and un-American provision is a major victory for Texas.”
Attorney General Paxton’s legal filing asked the court to rule that the law favoring illegal aliens was unconstitutional, explaining that “[i]n direct and express conflict with federal law, Texas education law specifically allows an alien who is not lawfully present in the United States to qualify for in-state tuition based on residence within the state, while explicitly denying resident-based tuition rates to U.S. citizens that do not qualify as Texas residents.” The U.S. District Court for the Northern District of Texas agreed and entered a final judgment declaring the law unconstitutional and issuing a permanent injunction against its application.
To read the motion, click here.
To read the final judgment, click here.