A federal judge in north Texas quickly ruled in favor of the Trump administration, which sued Texas on Wednesday arguing a law allowing illegal foreign nationals to receive in-state tuition is illegal.
U.S. District Judge Reed O’Connor from the Northern District of Texas Wichita Falls Division in a three-paragraph ruling – issued just hours after the lawsuit was filed – granted the federal government’s motion and declared sections of the state law in question illegal.
The judge ruled that Texas Education Code sections 54.051 (m) and 54.052(a), “as applied to aliens who are not lawfully present in the United States, violate the Supremacy Clause and are unconstitutional and invalid.”
The judge permanently enjoined the state, including state colleges and universities, from enforcing state law “as applied to aliens who are not lawfully present in the United States.”
In response, Gov. Greg Abbott said, “In-state tuition for illegal immigrants in Texas has ended. Texas is permanently enjoined from providing in-state tuition for illegal immigrants.”
At issue is a law enacted in 2001, which was a priority bill of former Gov. Rick Perry. Perry, a lifelong Democrat, switched parties to become elected the state’s third Republican governor since Reconstruction.
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Author: Ray Hilbrich
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