The rules were adopted in order for Texas to comply with a court order in a lawsuit the Trump administration won against Texas.
The Trump administration sued Texas, arguing provisions of the Texas Education Code were “expressly preempted by federal immigration law,” 8 USC Section 1623, which states, “an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State . . . for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit . . . without regard to whether the citizen or national is such a resident.”

