Tens of thousands of undocumented college students in the US are facing a sharp increase in tuition costs as a result of lawsuits backed by the Justice Department under President Donald Trump’s immigration agenda. Starting with Texas, and now extending to states like Oklahoma, Minnesota and Kentucky, the administration is pushing to eliminate in-state tuition benefits for students without legal residency. The shift is already being felt on public college campuses. Texas alone has about 57,000 undocumented students enrolled in public universities and colleges, according to data from the Presidents’ Alliance on Higher Education and Immigration. These students had previously qualified for in-state tuition based on state laws, not their immigration status, but those policies are now being challenged or rolled back.
Why this matters to students
The gap between in-state and out-of-state tuition is not minor. At the University of Texas Rio Grande Valley, for instance, a resident student pays about $10,000 annually in basic tuition, while a nonresident pays nearly $19,000 for the same course load. Losing in-state status could mean the difference between continuing college or dropping out for many students who already face financial uncertainty. The Justice Department, in a recent lawsuit filed in Oklahoma, argued that “federal law prohibits aliens not lawfully present in the United States from getting in-state tuition benefits that are denied to out-of-state US citizens.” The lawsuits claim there are no legal exceptions, even if students have lived in the state for years and graduated from local high schools. This development directly affects access and affordability, two of the most important concerns for college students. While the number of states offering in-state tuition for undocumented students has grown over the past two decades, these new legal efforts could roll back hard-won access.
What changed in Texas
Texas had long been viewed as a national example of bipartisan support for in-state tuition access. The state’s policy was signed into law in 2001 by then-Governor Rick Perry, a Republican, after receiving strong backing from both parties in the Legislature. It allowed undocumented students to qualify for in-state tuition if they had lived in Texas for at least three years, graduated from a Texas high school, and pledged to apply for legal status when eligible. But the tone began to shift as national politics became more polarised around immigration. In the latest Texas legislative session, a bill to repeal the law was introduced but did not reach a vote. The change came instead through the courts. After the Trump administration filed a lawsuit against the state, Texas Attorney General Ken Paxton declined to defend the law and instead filed a motion to end its enforcement. The result was swift: a policy that had stood for over two decades was effectively halted within weeks.
More states may follow
At least 21 states and the University of Michigan system currently offer in-state tuition to undocumented students, according to the National Immigration Law Center. These include not only traditionally liberal states like California and New York, but also conservative-leaning states like Kansas and Nebraska. In at least 16 states, undocumented students also qualify for scholarships or state-based financial aid. With lawsuits now targeting states beyond Texas, the future of these tuition policies is uncertain. Oklahoma Attorney General Gentner Drummond, following Texas’s lead, also agreed not to defend the state’s tuition break in court, calling it “discriminatory and unlawful.” This signals that more legal rollbacks could be on the way, especially in states with Republican leadership.
What students and campuses are doing now
For many undocumented students, the road to college was already full of obstacles — financial, legal, and emotional. The loss of in-state tuition could make higher education entirely inaccessible for some. Immigration attorneys and education advocacy groups say they are exploring legal pathways to challenge these decisions, though any resolution could take time. In the meantime, campuses are beginning to assess how to support affected students, whether through private scholarships, fundraising, or legal clinics. For current and prospective college students, especially those who are undocumented or come from mixed-status families, it’s a moment of uncertainty. The shift could also impact student diversity, enrollment trends, and long-term workforce development in states that had previously invested in inclusive tuition policies. As of now, the message from federal courts and attorneys general aligned with Trump is clear: tuition breaks tied to state residency, not legal immigration status, are under legal threat.
What to watch
If you’re a student in the US concerned about tuition policy changes:
- Check your state’s current laws on in-state tuition eligibility for undocumented students.
- Follow your college’s updates on financial aid or legal support for affected students.
- Stay informed about pending lawsuits in your state, especially if you attend college in a state like Texas, Oklahoma, or Minnesota.
- Look into private scholarships and institutional aid that are not tied to state residency status.
What started as a quiet policy rollback has now become a legal strategy with national reach. For undocumented students, the cost of college in the US may soon become even harder to bear.(with AP inputs)TOI Education is on WhatsApp now. Follow us here.
