BUZZ
Upholds agreement with Trump administration
Texas can continue to prohibit illegal immigrants from receiving in-state tuition rates at public universities, a federal court affirmed.
The ruling last Thursday by a three-judge panel of the Fifth Circuit Court of Appeals upholds an agreement between Trump administration and Texas, which ended the Lone Star State’s program. Federal law prohibits illegal immigrants from receiving better tuition rates than out-of-state American citizens.
According to the appeals court ruling, “two advocacy groups, a community college, and a student sought to intervene and undo the consent judgment. The district court denied intervention, reasoning that any attempt to intervene would be futile because the statute was preempted.”
The July 9 ruling upheld a district court decision.
Illegal immigrants had been able to receive better tuition rates than out-of-state Americans since Republican Governor Rick Perry signed the benefits into law in 2001, according to Inside Higher Ed.
“It allowed these students to pay the lower rates if they met certain criteria, including graduating from a Texas high school, living in the state for at least three years prior and signing an affidavit promising to apply for permanent residency status,” Inside Higher Ed reported.
That law fell apart following a federal lawsuit against the program in June of last year. Texas quickly settled as part of a coordinated effort with the Department of Justice.
The difference between in-state and out-of-state tuition rates is “substantial,” according to NBC 5 Dallas-Fort Worth.
“For example, at the flagship University of Texas at Austin, a state resident paid approximately $11,000 for the 2024-2025 academic year, compared with about $41,000 for students from outside Texas,” the outlet reported.
The lawsuit is part of an ongoing effort by the Trump administration to target similar laws in both red and blue states. The Trump administration failed to intervene against these laws in the first term, as The College Fix previously reported.
Nebraska reached a similar deal with the Trump administration earlier this year.
Minnesota, however, challenged the lawsuit and has won so far in court.
The statute, part of a 1996 law signed by President Bill Clinton, states:
Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) 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.
The DOJ also sued over Kentucky’s law, but an advocacy group is fighting against the lawsuit.
About half of the states offered illegal immigrant tuition benefits as of last year, The Fix previously reported.
