Tell me what I’m missing here: Federal law says an illegal immigrant
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 (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.
So you can’t do for illegals what you don’t do for Americans. I get that.
But the arrangement that Texas offers illegals is available to U.S. residents on precisely the same terms. If you were to move from, say, Massachusetts to Texas, go to high school for three years, graduate, and enroll in a state university, you’d be eligible for in-state tuition, too, since residency requires: actual residency in the state, being enrolled in a Texas school for 36 months prior to college enrollment, and graduation from a Texas school.