Subsequent Trump and Court Action(s)

• June 4, 2025

  2025.06.04 Complaint – United States v. Texas

  The United States filed a lawsuit against the State of Texas challenging §§ 54.051(m) and 54.052(a) of the Texas Education Code, which allow certain undocumented immigrants to qualify for in-state tuition at public colleges and universities. The complaint alleges that these provisions are preempted by federal law, specifically 8 U.S.C. § 1623(a), which prohibits states from providing postsecondary education benefits to undocumented individuals unless the same benefits are available to U.S. citizens regardless of residency. The United States argues that the Texas provisions violate the Supremacy Clause of the Constitution and seeks declaratory and injunctive relief. United States v. Texas, No. 7:25-cv-00055 (N.D. Tex.).

  Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker.

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• June 4, 2025

  2025.06.04 Final Consent Judgment – United States v. Texas

  After Texas agreed not to defend its in-state tuition law, Judge Reed O'Connor of the U.S. District Court for the Northern District of Texas entered a final consent judgment declaring that Texas Education Code §§ 54.051(m) and 54.052(a), as applied to noncitizens who are not lawfully present in the United States, violate the Supremacy Clause and are unconstitutional and invalid. The court permanently enjoined Texas and its agents from enforcing the challenged provisions.

  The judgment followed a joint motion for entry of consent judgment by the United States and the State of Texas and resolved the federal government’s lawsuit asserting that the Texas statutes were preempted by 8 U.S.C. § 1623.

  The same-day filing of the Complaint, Joint Motion, and entry of a Consent Judgment raises questions of collusion, according to legal experts.

  United States v. Texas, No. 7:25-cv-00055 (N.D. Tex.).

  *See litigation note above*

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