[There is NO financial help on tuition, they have to pay it themselves but at the in-state rate. Like other kids who attended high school in Texas for at least three years.]
Actually the residency requirement for legal residents is 1 year for in-state tuition, and there is no requirement of attending high school in TX. This law is clearly to allow kids who have lived most of their lives in TX, because their parents brought them there, the opportunity to go to college without the burden of out-of-state tution costs.
There are at least three pending lawsuits outside of Maryland that are challenging colleges for being out of compliance with federal law by allowing illegal immigrants to receive in-state tuition. The lawsuits claim the state laws violated the federal Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which prohibits states from providing a postsecondary education benefit to an alien not lawfully present in the United States on the basis of residence unless any U.S. citizen or national is eligible for the same benefit.
The most notable case, Robert Martinez v. Regents of the University of California, is a class action suit in California state court. Kris Kobach represents the plaintiffs on behalf of the Immigration Reform Law Institute. Kobach has since been elected Kansas Secretary of State. The case has been appealed to the U.S. Supreme Court, and a decision on whether the justices will hear it is expected in late spring, Kobach said.
Kobach is also behind a second suit, Mannschreck v. Regents of the University of Nebraska, which was filed in Nebraska court. Kobach said the plaintiffs were required to seek relief from a federal agency before the case can proceed, and the case is on hold until the U.S. Justice Department decides if it will offer them anything. The Department of Justice did not respond to inquiries about the lawsuit.
The defendants argue that because they went to high school in the state, they can receive in-state tuition, Kobach said. This is a loophole; the law prohibits using residency to determine eligibility.
The third suit, Immigration Reform Coalition of Texas v. State of Texas (University of Houston), is scheduled to have its next hearing in Harris County District Court on June 13.
Perry defends in-state tuition for illegals so they won't go on the dole. It is illegal to hire illegal aliens and it is illegal for them to work. Illegal aliens are not entitled to welfare benefits, Medicaid, food stamps, etc. When you reward something, you get more of it.