DAILYCALLER (Mark Tanos) - Court Holds Federal Law Bars States From Giving Illegal Aliens In-State Tuition
Federal Law Bars States From Giving Illegal Aliens In-State Tuition, Court Holds
A federal appeals court has kept in place a ruling that stops Texas from handing illegal aliens discounted in-state college tuition while charging out-of-state American citizens far more. In its July 9 opinion , the 5th U.S. Circuit Court of Appeals affirmed a lower court’s refusal to let outside groups enter the case and defend the tuition break. Judge Jerry Smith wrote that a federal statute preempts the Texas provisions, because a state cannot grant illegal aliens a residency-based tuition benefit unless every U.S. citizen qualifies for it regardless of where they live. The panel found the groups offered no viable defense and, as nonparties, could not appeal the judgment itself. The Justice Department sued Texas in June 2025, and the…Open