American citizens from outside Texas should not have to pay more in tuition at a Lone Star State public university than undocumented students who currently qualify for the in-state rate, a federal judge ruled last week.
The April 8 ruling by US District Judge Sean D. Jordan stems from a 2020 lawsuit against the University of North Texas filed by the Texas Public Policy Foundation on behalf of the Young Conservatives of Texas student organization.
Under a 2001 Texas law, undocumented immigrants who have lived in the state for at least three years and graduated from high school qualify for in-state tuition.
At the University of North Texas, the average Texas resident pays $26,500 per year, while out-of-state students pay $38,800, according to the Dallas Morning News.
Jordan, nominated to the bench by former President Donald Trump, found the Texas law in direct conflict with a federal law that says undocumented immigrants 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.”
For now, the ruling only applies to the University of North Texas, but the Texas Public Policy Foundation hopes it will eventually apply to all Texas public universities.
“Now that a federal judge has rightly declared the out-of-state tuition statute unconstitutional, no Texas state university should continue to charge out-of-state students a higher tuition rate, starting with the upcoming summer semester,” said TPPF General Counsel and Executive Director Robert Henneke.
The University of North Texas did not immediately respond to The Post’s request for comment. The Texas Tribune reported that the decision is being appealed.