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A federal appeals court is turning aside an attempt to defend the Texas Dream Act. The 5th U.S. Circuit Court of Appeals on Thursday left in place a lower court ruling that ended the state law allowing some illegal immigrants to pay in-state tuition at public colleges and universities.

The law applied to students who graduated high school in Texas, even if they lacked legal immigration status. The 5th Circuit noted that federal law prohibits states from giving illegals a tuition benefit based on their residency unless the same benefit is offered to all U.S. citizens nationwide.

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