Undocumented students lose access to in-state tuition in Texas after appeals court ruling

The U.S. Court of Appeals for the Fifth Circuit on Thursday upheld a lower court ruling that ended in-state tuition eligibility for undocumented students at Texas public colleges and universities, denying an effort by La Unión del Pueblo Entero (LUPE), the San Juan-based community advocacy organization, and other parties to intervene and defend the law.

In a 2-1 decision, Judge Jerry Smith, a Ronald Reagan appointee, wrote the majority opinion, joined by Judge Don Willett, a Donald Trump appointee. Judge Irma Carrillo Ramirez, a Joe Biden appointee, dissented.

The appeal sought to allow LUPE, Students for Affordable Tuition, Austin Community College and University of North Texas graduate student Oscar Silva to intervene after neither the U.S. Department of Justice nor the State of Texas chose to defend the law. The Fifth Circuit denied the request, leaving in place a permanent injunction issued last year by Chief U.S. District Judge Reed O’Connor.

The case stems from Texas’ 2001 law allowing certain undocumented students to qualify for in-state tuition if they graduated from a Texas high school, lived in the state for at least three years before graduating and signed an affidavit stating they would seek legal immigration status when eligible. 

Texas was the first state in the nation to adopt such a policy.

In June 2025, the U.S. Department of Justice sued Texas, arguing the law conflicted with federal immigration law because it granted in-state tuition benefits to certain undocumented students. 

Texas agreed with the federal government’s position in the lawsuit and declined to defend the statute. Hours later, O’Connor entered a consent judgment permanently blocking enforcement of the law.

Following that ruling, LUPE and the other parties sought to intervene and appeal the decision in an effort to preserve the law. Thursday’s ruling rejects that effort, leaving O’Connor’s injunction in place.

As a result, undocumented students are no longer eligible for in-state tuition at Texas public colleges and universities unless the decision is overturned by a higher court or state law changes.

Texas Gov. Greg Abbott praised the decision in a social media post Thursday, calling it “another major victory for the rule of law.”