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Fifth Circuit Upholds Texas Instate Tuition Ban for Illegal Foreign National Students

The ruling keeps out-of-state tuition in place for undocumented students, affecting about 57,000 students enrolled in Texas colleges in 2022, advocates said.

  • On Thursday, the 5th U.S. Circuit Court of Appeals rejected an appeal to restore the Texas Dream Act in a 2-1 decision, leaving in place the end of in-state tuition for undocumented students.
  • The 2001 law allowed qualifying undocumented students to pay in-state tuition until the U.S. Department of Justice sued Texas, prompting then-Attorney General Ken Paxton to agree to halt the provisions.
  • Advocacy groups including Austin Community College and La Union del Pueblo Entero made "motions to intervene" to defend the statute, but the court ruled federal law bars states from conferring these benefits unless available to all U.S. citizens.
  • Colleges across Texas have faced confusion reclassifying students since the court blocked the act, affecting about 57,000 undocumented individuals enrolled in Texas colleges in 2022.
  • While Gov. Greg Abbott praised the ruling as a "victory for the rule of law," the Texas Civil Rights Project vowed to "continue working diligently to fight" for equitable higher education access.
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The U.S. Fifth Circuit Court of Appeal confirmed Thursday a ruling that federal law prohibits states from offering state resident tuition to illegal immigrants at public universities, which is a major victory for states like Texas that are trying to combat the scourge of illegal immigration. The sentence comes after the Department of Justice sued several states for this matter, including California, Kansas, New Jersey and Texas. Some provisions …

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ussanews.com broke the news on Thursday, July 9, 2026.
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