Preemption of Texas Resident Tuition Rates for Illegal Aliens

This federal court opinion focuses on a legal battle over Texas laws that allow undocumented students to qualify for in-state tuition rates. The United States government sued Texas, arguing that federal law preempts these state rules because they grant benefits to noncitizens that are not equally available to all U.S. citizens. Although Texas quickly settled the case, several groups attempted to intervene to defend the state laws, but the court denied their request, labeling their defense legally futile. The majority opinion concludes that because residency is the but-for cause of the tuition discount, the practice violates federal prohibitions against preferential treatment for those not lawfully present. Conversely, a dissenting judge argues the federal statute might be unconstitutional under the Tenth Amendment for improperly commanding state governments.