Florida joins states rolling back in-state tuition for undocumented students
Florida repeals in-state tuition for undocumented students; 23 states still offer the benefit.
Event / Politics
Texas In-State Tuition Residency Lawsuit
Fifth Circuit Court of Appeals upheld a ruling blocking Texas from offering in-state tuition discounts to undocumented immigrant students, ending the state's 25-year-old Dream Act program. The Justice Department sued Texas in June 2025, and the ruling has broader implications as the Trump administration continues challenging similar laws in other states.
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2026-08-16 to 2026-11-13 · UTC publication dates
Coverage begins 10 Jul, 09:22 UTC
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What happened
Judge Irma Carrillo Ramirez dissents from Fifth Circuit ruling
Judge Irma Carrillo Ramirez dissented from the Fifth Circuit's decision, arguing that the lower court should not have entered its judgment six hours after the original Justice Department lawsuit was filed, and contending that the relevant federal statute may violate the Tenth Amendment by directing states rather than regulating individuals.
Justice Department sues Texas over in-state tuition for undocumented students
The Trump administration's Justice Department sued Texas in June 2025 over the state's in-state tuition policy for undocumented immigrants. Texas Attorney General Ken Paxton agreed not to defend the case, and the state agreed to a consent judgment with the federal government blocking the law.
U.S. District Judge Reed O'Connor blocks Texas Dream Act
U.S. District Judge Reed O'Connor ruled that the Texas Dream Act law was unconstitutional and blocked it on June 4, 2025, preventing the state from offering in-state tuition discounts to undocumented students.
Texas Governor Greg Abbott praises court ruling against in-state tuition for undocumented students
Texas Governor Greg Abbott applauded the Fifth Circuit's ruling, posting on Facebook that the state and the Trump Justice Department had 'secured another major victory for the rule of law' and that 'The Fifth Circuit upheld the end of in-state tuition for illegal immigrants in Texas.'
Florida repeals in-state tuition law for undocumented students
Florida repealed its law offering in-state tuition to undocumented immigrant students in May 2025, ahead of Texas losing its similar program.
Twenty-three states offered in-state tuition to undocumented students as of July 2025
As of July 2025, 23 states had laws offering in-state tuition to undocumented immigrant students who met certain residency and education requirements.
Justice Department commends Texas for blocking in-state tuition program
Then-Attorney General Pam Bondi praised Texas leadership and Attorney General Ken Paxton in a Justice Department statement for 'swiftly working with us to halt a program that was treating Americans like second-class citizens in their own country,' and vowed that the department would continue filing litigation against similar state laws.
Fifth Circuit Court of Appeals rules Texas in-state tuition law for undocumented students violates federal law
The Fifth Circuit Court of Appeals ruled on July 9, 2026 that Texas cannot provide in-state tuition discounts to undocumented immigrants because federal law prohibits states from granting postsecondary education benefits based on residency to undocumented immigrants unless the same benefit is available to all U.S. citizens regardless of residency. The court found that the Texas law conflicted with this federal statute and upheld a lower court's June 4, 2025 decision blocking the Texas Dream Act.
Texas Dream Act allowed undocumented students to qualify for in-state tuition since 2001
Texas passed the Dream Act in 2001 with bipartisan support under Republican Governor Rick Perry. The law allowed undocumented immigrant students to qualify for in-state tuition if they graduated from a state high school or earned an equivalent diploma, lived in the state for at least three years before graduating, and signed an affidavit stating they would file for permanent residency. Texas had the second-highest number of undocumented immigrant students enrolled in higher education at 57,000 prior to the law being blocked.
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2 alternative perspectives
Federal court blocks Texas in-state tuition access for undocumented students
Federal court blocks Texas Dream Act granting in-state tuition to undocumented students.