AUSTIN — A decades-old policy that allowed undocumented students to pay in-state college tuition in Texas has been struck down, following a federal court ruling that deemed the law unconstitutional. The decision marks a pivotal shift in the state’s higher education and immigration policy.
U.S. District Judge Reed O’Connor issued the ruling after Texas Attorney General Ken Paxton, in coordination with the U.S. Department of Justice, filed a joint motion to invalidate sections of the Texas Education Code—specifically §§ 54.051(m) and 54.052(a). The court determined that the statutes conflicted with federal immigration law and violated the Supremacy Clause of the U.S. Constitution.
“This is a major victory for Texas,” said Paxton in a public statement. “Ending this discriminatory and un-American provision ensures that taxpayer resources are no longer used to reward individuals who are in this country illegally.”
The now-overturned policy, enacted in 2001 under then-Governor Rick Perry, allowed undocumented students to qualify for in-state tuition if they lived in Texas for at least three years, graduated from a Texas high school, and signed an affidavit expressing intent to apply for legal status. According to state records, about 20,000 students benefited from the program in 2021, comprising roughly 1.5% of students at public colleges and universities in Texas.
Supporters of the law had long argued it offered opportunity to immigrant students who had grown up in Texas, helping them attend college affordably and contribute to the state’s economy. Detractors claimed it placed a financial burden on taxpayers and extended benefits to individuals who had not followed legal immigration channels.
Despite repeated efforts over the years to repeal the tuition policy through legislative means, including bills introduced in multiple sessions, it remained intact until the court’s decision.
With this ruling, Texas joins a number of states reevaluating or rolling back similar policies in response to political and legal pressure. The permanent injunction now prohibits the state from offering in-state tuition to individuals not lawfully present in the U.S., potentially affecting thousands of current and prospective college students.
The case—United States of America v. State of Texas, Civil No. 7:25-cv-00055—was finalized June 4, 2025, with the court’s entry of a consent judgment and order.
For more information, you can read the official court documents:
