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The Department of Justice (DOJ) filed a complaint against Texas to block a state-wide law that provided in-state tuition fees for illegal immigrants.
The complaint filed several Texas and Texas officials on Wednesday to comply with Texas requirements.
Under federal law, higher education institutions are prohibited from providing benefits to illegal foreigners not being provided to US citizens.
The DOJ complaint aims to prohibit enforcement of Texas state laws, which requires the university to provide in-state tuition fees to immigrants who maintain Texas residents, regardless of whether or not the university is legally in the United States.
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According to the DOJ, Texas law is “blatantly” inconsistent with federal law and is inconsistent with the supreme provisions of the U.S. Constitution.
“Under federal law, schools cannot provide benefits to illegal foreigners that do not provide to U.S. citizens,” Attorney General Pam Bondy said. “The Department of Justice will fight relentlessly to establish federal laws and ensure that U.S. citizens are not treated like second-class citizens anywhere in the country.”
The lawsuit was filed in response to two executive orders signed by President Donald Trump since returning to his elliptical office in January.
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Attorney General Pam Bondy speaks to reporters outside the White House in Washington, DC (AP Photo/Mark Sieffelvein)
An executive order has been signed to prevent illegal immigrants from receiving taxpayer benefits and prioritized treatment.
One of the orders, “termination of open border taxpayer subsidies,” ordered all agencies to “ensure that taxpayer-funded benefits do not reach unqualified aliens to the fullest extent permitted by law.”
Another order, “Protecting American Communities from Criminal Aliens,” “mandates appropriate action to block national and local laws, regulations, policies, and practices that pro-alien over groups of American citizens preempted by federal law, and state tuition fees that provide state tuition fees that provide higher education in other positions.
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The Department of Justice has filed a complaint against Texas to block state laws that provide in-state tuition fees for illegal immigrants. (Brandon Bell/Getty Images)
Fox News Digital reached Governor Greg Abbott’s office for comment.
The law, widely known as the Texas Dream Act, was introduced in February 2001, when a law targeted by the Trump administration ruled that immigration status for children should not interfere with access to primary and secondary schools.
However, when it comes to higher education, federal immigration status may have prevented some children born outside the United States from getting a university education from public institutions, due to the high fees charged to non-residents.
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When children born outside the United States graduated from high school in Texas, those students were required under previous state law to pay high fees to public universities and universities in Texas.
The law, signed on June 16, 2001 by Republican Gov. Rick Perry, has been removed as a factor in determining eligibility to pay in-state tuition at public universities and universities in Texas High School, as well as determining eligibility to pay at public universities and universities in the state for students who graduate from Texas High School and meet minimum residence, academic and registration criteria.
Greg Wehner is a news reporter for Fox News Digital.
Story tips and ideas can be sent to greg.wehner @fox.com and Twitter @gregwehner.
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