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Why is it even a question as to whether or not illegal aliens (or undocumented immigrants or whatever we’re supposed to call them) should get in-state tuition? They aren’t in the state legally, so why should taxpayers subsidize tuition? And federal law says the states cannot provide illegals with in-state tuition.

Seems clear, but not to Texas’ highest law enforcement officer, Greg Abbott.

Texas’ AG ruled Friday that maybe they can, maybe they can’t. He told a state representative that

In his opinion, Abbott said the terms “post-secondary education benefit” and “residence” are not defined in the federal law. He also said the state education code probably does not violate the 14th Amendment’s equal protection clause.

Abbott basically pushed the decision off to the federal courts, where he admits there is a “paucity of judicial precedent.”

That’s probably so. But California courts (CALIFORNIA!) have ruled that their in-state tuition for illegals doesn’t wash with the law.

In the Longview News-Journal, State Rep. Rob Eissler from the Woodlands says, “I think there’s universal confusion as to what the opinion actually says.”

I think I can clear it up: Abbott wants to stay on the fence.