On July 10, 2023, the 5th U.S. Circuit Court of Appeals ruled that the University of North Texas can charge out-of-state American citizens higher tuition than undocumented students who live in Texas. The decision reversed a federal district court ruling that blocked the policy.
According to the Texas Tribune, the appeals court ruled the lower court misinterpreted federal statute and said that U.S. District Judge Sean Jordan abused his discretion when he stopped UNT from offering in-state tuition to undocumented students in Texas.
"The fifth circuit’s unanimous opinion affirms the position UNT has taken throughout this litigation. We appreciate the court of appeals’ careful review of Texas law," Kelley Reese, interim vice president and Sr. Associate Vice President of University Brand Strategy and Communications at the University of North Texas, told Local Profile. "We at UNT will continue focusing on the reason we’re here — educating tomorrow’s leaders."
Three years ago, Texas Public Policy Foundation (TPPF) filed a lawsuit on behalf of the Young Conservatives of Texas student group at UNT. The lawsuit highlighted the federal Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which states that an individual “who does not legally reside in the United States should not be eligible for a postsecondary education benefit granted on the basis of where someone lives unless United States citizens qualify for the same benefit.”
In 2021, more than 22,000 students were enrolled in Texas colleges and universities using the benefits of undocumented student tuition. If the appeals court kept the previous ruling, there would have been implications for all public universities in the state that financially rely on out-of-state rates.
But the discussion is far from over — the TPPF believes the court left room for another challenge, this time on different legal grounds. Local Profile reached out to TPPF for comment but did not receive a response prior to publishing.
The Texas Tribune reported that Henneke, executive director and general counsel of TPPF said the organization is considering its next steps for pursuing further legal action.
UNT’s average cost of tuition and fees for an in-state student was just under $12,000 in 2022, while out-of-state students paid about $24,000.
