DALLAS — Out-of-state students could soon have lower tuition rates at Texas colleges and universities after a federal judge ruled they shouldn’t pay more than undocumented students.
U.S. District Judge Sean Jordan ruled last week that it’s unconstitutional for the University of North Texas to charge out-of-state students higher tuition rates than their undocumented classmates — and this could soon reach other state institutions.
Here’s what families need to know about how the ruling could affect them:
What does the ruling mean for students?
On average, out-of-state students’ tuition in Texas is about three times higher than in-state rates, according to the Education Data Initiative, a research group that focuses on the country’s education system.
According to Jordan’s ruling, if a university is providing an educational benefit to undocumented students based on residence, “then that university must provide the same benefit to a United States citizen regardless of the citizen’s residency.”
But the court’s judgment does not specifically address the state law granting in-state tuition for undocumented students, which remains untouched, explained Robert Henneke, general counsel and executive director at the Texas Public Policy Foundation — the group that sued the university on behalf of the Young Conservatives of Texas.
The suit was meant to make higher education more affordable and require universities to follow federal law, Henneke said.
The order eliminates out-of-state tuition for non-resident students at UNT as long as the Texas Dream Act, which provides a path for such students to become eligible for in-state tuition, is in effect — which could pressure the school to discontinue providing such immigrant students the in-state rates and limit their opportunities, said Celina Moreno, president of the Intercultural Development Research Association, in a statement.
“Texas high school graduates, regardless of their immigration status, deserve an equal opportunity to go to college,” Moreno said, noting that they contribute significantly to the state’s economy.
Rep. Rafael Anchía, D-Dallas, who is the chairman of the Mexican American Legislative Caucus, said that about 22,000 students enrolled in Texas colleges and universities could be impacted by this decision.
How will this impact colleges and universities?
Although the lawsuit — which bars campus officials from continuing to charge out-of-state students higher tuition effective immediately — is specific to UNT, Henneke said no public university should continue doing the same.
Meanwhile, UNT officials are appealing the ruling. Nearly 5% of UNT’s 42,168 students are from out-of-state.
The decision does not greatly impact schools that may have a small out-of-state student population, like UNT-Dallas, President Bob Mong said. About 95% of that school’s students are from Dallas and surrounding counties and most of the rest are Texas residents.
Still, Mong stressed that the ruling could lead to millions in losses each year for those schools that rely on the funding received through higher out-of-state tuition.
“It’ll have an impact, no doubt,” he said.
Most universities are still evaluating what the order means for them.
How did in-state tuition start for undocumented students?
Texas was the first state to allow undocumented students to qualify for in-state tuition after lawmakers endorsed the effort in 2001. Former Gov. Rick Perry, a Republican, signed the law into effect.
Some conservatives have tried to dissolve the in-state tuition benefit to undocumented students over the past two decades.
A bill in 2011 would have ended the effort completely. Last year, Republican lawmakers created a bill that would not have allowed unauthorized immigrants to be considered a resident of the state for the purpose of determining tuition. The bill, which was referred to the House Higher Education Committee, never received a hearing.
There are currently 19 states, including Texas, California and Washington, that extend in-state tuition rates to undocumented students, according to the National Conference of State Legislatures.
How do immigrant students and others qualify for in-state tuition?
Undocumented students seeking in-state tuition must prove they’ve lived in Texas for three consecutive years before graduating from a state high school or obtaining a GED. They must also sign an affidavit indicating that they intend to apply for permanent resident status as soon as they are able to do so.
The state also allows in-state tuition for students in various family situations. For example, students who were born and raised in Texas but whose parents moved just before they enrolled in college could qualify.
Texas does have a bordering states waiver that allows students from Arkansa, Louisiana, New Mexico and Oklahoma to enroll in certain state schools at a reduced tuition rate.
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