Federal Court Upholds Ruling on Tuition for Undocumented Immigrants in Texas
A federal appeals court has reinforced a decision that blocks Texas from offering in-state college tuition rates to undocumented immigrants while imposing significantly higher fees on out-of-state students.
On July 9, the 5th U.S. Circuit Court of Appeals maintained a lower court’s rejection of attempts by outside groups to intervene on behalf of the state. Judge Jerry Smith stated that federal laws and regulations prohibit the state from providing residence-based tuition benefits to undocumented immigrants unless all American citizens, regardless of their home state, are given the same opportunity. The court concluded that these intervenors had failed to present a convincing defense and were ineligible to appeal the ruling.
The Department of Justice filed a lawsuit against Texas in June 2025, and the state reached a consent decree to suspend the law on the same day. Then-Attorney General Pam Bondi expressed her approval of this arrangement.
In a statement, Bondi noted, “The Department of Justice commends Texas leadership and Attorney General Ken Paxton for acting swiftly to halt a program that effectively treated Americans as second-class citizens.” She added that other states should observe that the department is actively working to address unconstitutional state laws that disadvantage American citizens.
Texas first reduced tuition for these students back in 2001, becoming a pioneer in providing such benefits, as reported by the Texas Tribune. The government’s argument was based on a 2023 Court of Appeals ruling suggesting that the state’s policy could have conflicts with federal law.
However, Judge Irma Carrillo Ramirez had a differing opinion, pointing to the Supreme Court’s ruling in Murphy v. NCAA to argue that the statute in question infringed upon the Tenth Amendment by imposing directives on states rather than regulating individuals. She also expressed skepticism regarding the existence of a genuine conflict, noting that the agreement was approved by the district court only hours after the lawsuit was filed.
Some prospective defense attorneys echoed this sentiment, suggesting that the case amounted to amicable litigation since both Texas and the Department of Justice desired the same result, according to Courthouse News Service.
This Texas lawsuit is part of a broader initiative by the Justice Department, which has engaged in multiple legal actions against similar state laws, as illustrated by the President’s Alliance litigation tracker. Notably, a federal court in Minnesota dismissed the government’s interpretation of related statutes in March.
