DHS to support illegal aliens over citizens?

The previous post discussed the article "Migrant tuition break blasted", which also contains this shocking statement:
...The Homeland Security Department said it received the complaint about Texas from the Washington Legal Foundation and was reviewing it. But a department official, who requested anonymity, went further, noting that the department may not act on the request because the foundation has not exhausted all other legal avenues.

One judge may have ruled against the group in Kansas, but the issue has not yet been raised in Texas courts, the official said. And it remains unclear whether Homeland Security has jurisdiction over this matter, the official said...
The way I read that, the DHS is going to refuse to do anything about this on a technicality. Clearly, to many of those in the federal government illegal aliens - or their corrupt employers - have more rights than U.S. citizens.