Texas kills in-state tuition for undocumented students hours after lawsuit
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Texas Gov. Greg Abbott on Wednesday said the state was ending a decades-old law allowing undocumented students to pay in-state tuition at public colleges, just hours after the Trump administration sued over the policy.
Why it matters: The reversal will undoubtedly reshape access to higher education for thousands of undocumented Texans — and could intensify legal scrutiny of similar tuition policies in other states.
- Over 11% of the estimated 1.7 million undocumented immigrants in Texas — roughly 197,000 people — are under the age of 18.
Catch up quick: The DOJ said in its lawsuit filed on Wednesday that the state's law is unconstitutional and violates federal immigration law.
- Federal policy prohibits undocumented immigrants from getting "tuition benefits that are denied to out-of-state U.S. citizens," the complaint states, also citing Trump-era executive orders directing agencies to block such policies.
The latest: "Texas is permanently enjoined from providing in-state tuition" for undocumented immigrants, Abbott wrote in a post on X Wednesday evening.
- He posted a picture of the ruling issued by U.S. District Court Judge Reed O'Connor which said both parties submitted a motion to permanently end the policy, calling it "unconstitutional and invalid."
- "Ending this discriminatory and un-American provision is a major victory for Texas," Attorney General Ken Paxton said in a news release.
Flashback: Texas lawmakers approved the bill in 2001 granting in-state tuition to undocumented immigrants, becoming the first state to do so. Then-Gov. Rick Perry, a Republican, signed the bill into law.
- To qualify, students must live in the state for three years, graduate from a Texas high school, and sign an affidavit promising to seek legal status.
- About 19,000 students have signed the affidavit, per state officials, the Texas Tribune reports.
Zoom out: 24 states, including the District of Columbia, offer in-state tuition to undocumented students, according to the Higher Ed Immigration Portal — though Florida repealed its policy this year.
The other side: "Ending Texas's in-state tuition policy is a direct attack on the educational aspirations of thousands of students who have grown up in our communities and call Texas home," said Judith Cruz, assistant director for the Houston Region for EdTrust in Texas.
What's next: It's likely immigrant rights groups will file an appeal in federal court.
Editor's note: This story has been updated with new information throughout.