A federal appeals court has upheld a decision ending in-state college tuition for illegal immigrants in Texas. The ruling supports the Trump administration’s effort to ensure states follow federal immigration law when providing public benefits.
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The decision could reach beyond Texas. More than 20 states have similar tuition policies, and several are already facing legal challenges from the U.S. Department of Justice.
From The Christian Post:
The majority opinion, written by Smith, said Texas’ policy violates a federal law stating that “an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.”
Thursday’s ruling follows a lawsuit the U.S. Department of Justice (DOJ) filed against Texas. The state settled the suit last year, agreeing to stop charging illegal immigrants in-state tuition rates.
“The district court denied intervention, reasoning that any attempt to intervene would be futile because the statute was preempted,” Smith added. “The district court correctly denied intervention after concluding that they could not plausibly defend the preemption claim. Section 1623(a) preempts what we call the Challenged Provisions vis-à-vis illegal aliens, barring states from conferring postsecondary education benefits on any illegal alien based on residence unless the same benefit is available to all U.S. citizens and nationals irrespective of residency.”
The case began after the U.S. Department of Justice sued Texas over its in-state tuition policy. The state later agreed to end the program, but several groups asked the court to revive it. Both the district court and the appeals court rejected that request.
At the center of the case is a federal law that limits when states can offer residency-based college benefits to illegal immigrants. The appeals court ruled that Texas’ former policy conflicted with that law because it gave a benefit based on state residency that was not available to all U.S. citizens.
The decision could have effects beyond Texas. According to the National Immigration Law Center, 22 states and the District of Columbia still have laws allowing some illegal immigrants to qualify for in-state tuition. The Department of Justice has challenged several of those policies, meaning more legal battles could follow.
This case is about more than college tuition. It raises important questions about how government resources are distributed and whether public policies put American citizens first. Let us pray that lawmakers, judges, and other leaders will have the wisdom and courage to uphold the rule of law and protect the interests of American citizens.
How are you praying about this issue? Share your prayers and scripture in the comments below.
(Excerpt from The Christian Post. Photo Credit: Lewis Ashton/Pexels)
