In Texas, illegal immigrants who live in the state are eligible to receive in-state tuition prices, paying significantly less than out-of-state students who are legal American citizens.
The Fifth U.S. Circuit Court of Appeals recently sided with University of North Texas officials, ruling that a 2001 Texas state law allows colleges and universities to charge out-of-state students a higher tuition rate than undocumented immigrants.
However, the court’s decision directly contradicts the Illegal Immigration Reform and Responsibility Act of 1996, a federal statute that the Justice Department has failed to enforce.
The Clinton-era law mandates that states must offer out-of-state U.S. citizens the same tuition rate given to in-state students if that state grants illegal immigrants in-state tuition.
The Young Conservatives of Texas, a student group at the University of North Texas, initially filed the lawsuit in 2020, arguing it is unjust that out-of-state students are required to pay more than undocumented Texas students.
The Texas Public Policy Foundation, the conservative nonprofit research institute that filed the lawsuit on behalf of YCT, is not pleased with the court’s ruling.
