Yankee's File Discrimination Claim Against Texas Universities

We Texans pride ourselves on our common sense and fair mindedness. So shame on us that it takes a bunch of yankees to point out how ridiculous some of our state's policies are. From the Washington Times:

The Washington Legal Foundation has filed a formal discrimination complaint against the state of Texas for a policy that offers in-state college-tuition rates to illegal aliens who live in the state, but denies them to out-of-state students who are American citizens.
WLF, a public-interest law and policy center, filed the complaint two weeks ago with the Department of Homeland Security's Office for Civil Rights and Civil Liberties, which is responsible for investigating complaints of violations of rights arising from federal immigration laws.
WLF says the tuition policies violate a federal statute enacted in 1996. That legislation, sponsored by Rep. Lamar Smith, Texas Republican, says that any state that offers discounted in-state tuition rates at public colleges to illegal aliens based on their residence in the state must provide the same discounted rates to all U.S. citizens.

How can someone that snuck into our state illegally be entitled to "in-state" tuition? It makes no sense.