Texas AG Uncertain on Legality of Texas University Fee Law

In an opinion issued on July 23, Texas Attorney General Greg Abbott said his office could not say for certain whether a provision to allow undocumented immigrant students to apply for in-state tuition was a violation of federal law and the Equal Protections Clause of the Fourteenth Amendment of the U.S. Constitution. Under the Texas state education code, a student is deemed to be a Texas resident for purposes of in-state tuition if he or she graduates from a Texas high school and has been a state resident for three years. The student needs to file an affidavit that he will become a US resident as soon has he has been given the chance to apply.  The Texas AG concluded that he was uncertain whether a court would find the Texas law preempted by federal law like the California court of appeals found a similar California law prempted.  See Martinez v. Regents of Univ. of Cal., 83 Cal. Rptr. 3d 51 8 (Cal. App. 3d), superseded by 198 P.3d 1 (Cal. 2008).

Hat tip to Cappy White!

KJ