Story perspectives

5th Circuit Bars Texas In-State Tuition for Undocumented Students

7/10/2026

Summary

Story summary

On July 9, 2026, 5th Circuit Court ruled Texas cannot offer in-state tuition to undocumented students.
Judge Jerry Smith said a statute preempts the law because benefits cannot be residence-based without equal access for citizens.
The ruling restores higher out-of-state rates for U.S. citizens and ends the discounted tuition for undocumented students.
Governor Greg Abbott praised the decision on Facebook, noting Texas had enrolled 57,000 undocumented students, the second-largest total.

History

Historical Context

The 1982 Supreme Court ruling in Plyler v. Doe guaranteed K-12 education for undocumented children, prompting states to restrict higher-education benefits under the 1996 IIRIRA. Texas responded in 2001 with House Bill 1403, extending in-state tuition to about 30,000 undocumented students by 2015. On July 9 2026, the 5th Circuit under Judge Jerry Smith reversed that benefit, restoring out-of-state rates and affecting Governor Greg Abbott’s policy.

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Story summary

On July 9, 2026, 5th Circuit Court ruled Texas cannot offer in-state tuition to undocumented students.
Judge Jerry Smith said a statute preempts the law because benefits cannot be residence-based without equal access for citizens.
The ruling restores higher out-of-state rates for U.S. citizens and ends the discounted tuition for undocumented students.
Governor Greg Abbott praised the decision on Facebook, noting Texas had enrolled 57,000 undocumented students, the second-largest total.

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