The contentious issue of in-state tuition rates for noncitizen residents in Texas has been brought back into the spotlight, as former U.S. President Donald Trump and Texas Attorney General Ken Paxton team up to challenge the policy outside the legislative chambers. This is viewed by some as a strategic maneuver, sidestepping the usual legislative avenues in favor of a more direct approach through the judiciary.
The legislative session in Texas concluded without passing a bill that would have ceased the in-state tuition benefits for noncitizens, a relief for the bill’s opponents who had prepared for a protracted battle on the Senate floor. Among these was Texas Senator José Menéndez, who was prepared with a back brace and running shoes for a long filibuster to contest the bill. However, Lieutenant Governor Dan Patrick ultimately postponed the bill’s consideration.
Despite this apparent legislative victory for noncitizen residents, their opportunity to pay the lower tuition fees was short-lived. Just two days after the legislative session concluded, a lawsuit initiated by Trump’s Justice Department, with backing from Paxton’s office, abruptly halted the policy. This legal onslaught occurred in a Texas federal court division known for its conservative inclination, often the choice for litigants pushing similar causes. Read more about the lawsuit here.
The choice to file in this particular court division has not gone unnoticed, with critics, including Senator Menéndez, suggesting that the alliance between Trump and Paxton reflects a deliberate form of collusion aimed at weakening policies favorable to noncitizens through judicial means rather than legislative consensus.
This development brings to light once again the avenues available and often utilized in legal and political battles concerning immigration and education policy. It underscores the complexity and multilayered nature of implementing state-level policies in a manner that aligns with federal judicial perspectives and political alliances. For more on this story, visit the full article on Bloomberg Law.