[Cboldt]

Interesting that the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, can be viewed more than one way. The Texas law requires 3 years of residence just before obtaining in-state tuition. That same criteria applies to any U.S. citizen or national, as well.

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"?

[kabar]

Take a look at the court challenge, Immigration Reform Coalition of Texas v. State of Texas (University of Houston), and why it is felt that the Texas law violates the IIRIRA of 1996.

It is obvious that the Texas law was written to circumvent federal law. By just using a residency requirement and not mentioning "illegal alien" or the legal status of those receiving the benefit, then any citizen from another state could qualify using the residency requirement.