The court determined that the Supremacy Clause supersedes the state’s Dream Act.
The Fifth Circuit U.S. Court of Appeals ruled that the U.S. Constitution’s Supremacy Clause overrides the Texas Dream Act, which allowed the state to offer in-state tuition to illegal aliens. Noncitizen public university students are likely to be reclassified as out-of-state students after the decision.
Federal law states, “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.“
Circuit Judge Jerry Smith wrote, “In-state tuition is about one-tenth the amount of out-of-state tuition and represents a monetary form of assistance, not merely a hollow status.”
In June 2025, the U.S. Department of Justice brought the suit challenging the 2001 state law, and Texas Attorney General Ken Paxton filed a joint motion in support of the federal government’s request to overturn the act.
As the Lord Leads, Pray with Us…
- For circuit and district court judges as they hear and decide cases challenging the constitutionality of federal and state laws.
- For federal and state attorneys general to be discerning as they assess the fairness and equality of various laws and statutes.
Sources: Townhall, Dallas Express, MSN
