Department of Justice sues over tuition for undocumented students

(CNN, KYMA/KECY) - The U.S. Justice Department is taking legal action against the state of Texas over a controversial higher education policy.

The DOJ filed a lawsuit claiming that Texas is discriminating against out of state college students by offering in-state tuition rates to undocumented immigrants.

The Justice Department argues that a two-decade old Texas law that lets immigrants who live in the state pay lower tuition is unconstitutional.

Attorney General Pam Bondi in a statement said that under federal law schools cannot have benefits to illegal immigrants that they do not provide to their own U.S. citizens.

Texas lawmakers have reportedly been trying to change this law. They passed a bill last month that would advance undocumented students' eligibility for in-state tuition.

The measure will call for those who previously received in-state tuition to pay back the difference.