Federal Judge Denies Texas Undocumented Students' In-State Tuition Challenge

A federal judge in Texas rejected attempts by undocumented students, immigrant advocates, and Austin Community College to intervene in a lawsuit that ended access to in-state college tuition for certain undocumented students, ruling they lacked legal authority to defend the law. The case was swiftly resolved after the U.S. Department of Justice sued Texas, with the state agreeing that the law allowing lower tuition rates for some undocumented Texans was unconstitutional. Although some students who are DACA recipients should still qualify for in-state tuition, confusion and inconsistent implementation by Texas colleges have led to many receiving unexpectedly high tuition bills. The judge, Reed O'Connor, emphasized that the Texas Attorney General's Office adequately represented the state's position, even if not all constitutional arguments were raised. Advocates argue that the quick legal challenge prevented proper notice and consideration, and the affected students have filed appeals to the 5th U.S. Circuit Court of Appeals. Critics warn the ruling and resulting guidance gaps leave many students without clear recourse or support to contest tuition increases, amplifying fears amid ongoing immigration enforcement concerns.