Do you think that states and cities can pass laws making them sancturary states/cities in the cooperation with and enforcement of our immigration laws?
Another way of reading the federal statute is that if a state provides in-state tuition to an alien not lawfully present, then it must provide in-state tuition to any US citizen or national without regard to in-state residence.
IOW, what is "the same benefit"?
Either the DOJ is choosing not to enforce Federal immigration laws or there are ways around them. I think that the states could do a much better job of managing immigration (both legal and illegal) than the Feds have done, or could/would do. The Federal government should fulfill its Constitutional obligation by securing the borders or provide the border states the proper resources to do it themselves. The states are much closer to the people’s will than the Federal government. If we are to get a handle on immigration it will require the states to do what their respective citizens want done, IMO.