My understanding is that if they filed the affidavit to acquire their “permanent residency” in the US, then the in-state tuition is constitutional.
And remember, they HAVE TO PAY IT. Taxpayers do not pay their tuition. Romney was very deceiving in that most of the kids are going to community colleges and actually just get a $100. to $400 off their tuition. They are not going to U of Texas etc...
But, there are many states that have in-state tuition, not just Texas.
And Perry did not decide this law. It was decided by the Texas Legislature by huge majority and only 4 nay votes.
Perry could not have overturned the law even if he wanted to.
Now, the Tx Legislature can overturn it if they choose.
The root problem is that Federal Law is not being enforced by the Federal Government - and Federal Government has caused the illegal immigration problem to escalate into this huge mess.
Regarding illegals (not their kids):
Fed will not secure border.
If a state tries to do its job for them - they sue them.
If a state tries to make it harder - Fed sues them.
(ie: Voter ID is on hold in Texas due to Fed)
Texas can catch them and turn them over to Ice.
Ice will not deport them.
There was a case recently where illegals were caught with a huge cache of weapons - the Fed Court gave them 10 months.
Feds say we have to educate and treat medically.
But the states have to pay - not the Fed.
And then the Federal Government is running guns into Mexico to the cartels.
It’s insane.
Posters from around the country show they have no grasp of the illegal immigration problem at all by their one size fits all approach and simplistic platitudes.
Managing the problems caused by the fed’s neglect isn’t by any means the preferred method but sometimes all that is left.