A Federal appellate court issued a ruling allowing the State of Texas to bar illegal aliens from receiving in-state tuition from public colleges and universities. The Texas Dream Act, passed in 2001, allowed qualifying illegal aliens to receive the lowered tuition rate.
In June of 2025, the DOJ sued the State of Texas, arguing that federal law overrides this state law. Texas Attorney General Ken Paxton agreed with the DOJ and sought to settle the case, but immigrant advocacy groups Students for Affordable Tuition and La Unión del Pueblo Entero joined a community college and a student to defend the law.
The Fifth Circuit Court of Appeals in New Orleans ruled in favor of the DOJ, agreeing that federal law prevents giving benefits to illegal aliens not afforded to all U.S. citizens. By allowing in-state tuition to illegal aliens, the Texas Dream Act financially disadvantaged U.S. citizens who were out-of-state, while putting illegal alien students on par with in-state U.S. citizens.
Ending the Texas Dream Act is a win for American national sovereignty and puts years of injustice to a close. Giving illegal aliens access to our taxpayer-funded higher education system and what was effectively a free scholarship was a colossal mistake. This policy not only incentivized coming to America illegally, but also degraded the rule of law and the value of citizenship. If anyone can come here at a whim and receive extensive benefits like this, of what use is going through the legal process to become a citizen?
Foreign invaders have no right to come here illegally and then reap the benefits reserved for our citizens. Allowing them to do so betrayed America’s youth and denied them educational opportunities. For decades, Texas provided illegal aliens with the prime opportunity to get ahead.
Doing so costs us the potential of Americans who could have gone to college and found success, but didn’t because an illegal alien was given their lowered tuition. Illegal aliens already have a country of origin—and they can receive an education there.
Texans for Strong Borders applauds this ruling as a positive step in the right direction. However, we cannot rest on this victory. In order to truly rectify the injustice our students have faced, we must repeal these laws on the books and ban illegal aliens from attending our public universities. Doing so will provide struggling American families with an opportunity to pursue the American dream.