That they did, but it applied only to K-12 education.
But in 1996, Congress passed the 'Illegal Immigration Reform and Immigrant Responsibility Act' (IIRIRA) that prohibited giving instate college tuition rates to ILLEGAL aliens based on residency within a state. Even liberal president Bill Clinton signed it.
But La Raza Rick Perry and the state of Texas circumvented that law by making 3-years high school the qualifier for instate tuition as opposed to residing within the state. California, among others, has followed suit and now gives taxpayer funded subsidies to ILLEGAL aliens.
Perry has been labeled 'pro-ILLEGAL alien" for a reason; he has earned it.
IIRC there was qualifier on that as well. Basically because the feds were not active in enforcing those provisions of existing immigration law. Otherwise, illegal aliens could be denied. Now I have to look it up again.