Texas taxpayers received welcome news this week after the U.S. Court of Appeals for the Fifth Circuit upheld the end of Texas’ decades-old policy granting in-state college tuition to illegal immigrants. The ruling leaves in place a federal district court’s 2025 decision striking down the law, concluding that it conflicted with federal statutes.

Background

For more than twenty years, Texas allowed illegal immigrants who graduated from Texas high schools to qualify for the same in-state tuition rates as legal Texas residents and citizens. In many cases, those students paid substantially less than American citizens from other states attending the very same public universities.

The Fifth Circuit answered the question of why Texans should underwrite tuition for illegal immigrants while charging higher rates to American citizens simply because they live elsewhere. Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, states may not provide residency-based higher education benefits to individuals unlawfully present in the United States unless those same benefits are made available to all U.S. citizens, regardless of where they reside.

Implications

Because Texas did not extend those discounted rates to all American citizens, the court concluded the state law was invalid. The decision is about more than immigration policy; it represents a victory for the principle that taxpayer-funded benefits should serve citizens. As Texas continues pursuing meaningful tax relief and greater fiscal discipline, that is exactly the kind of priority elected officials should embrace.

Original reporting: Texans for Fiscal Responsibility — read the source article.