A federal appeals court ruled Thursday that federal law prevents undocumented students from qualifying for in-state tuition benefits in Texas, one of 12 states where the Trump administration is seeking that outcome.
The 2-1 decision from the U.S. Court of Appeals for the 5th Circuit sided with Gov. Greg Abbott and the Trump administration. It upheld a district court decision from last year that brought an end to in-state tuition for undocumented students graduating from Texas high schools, which lawmakers passed with bipartisan support under the Texas Dream Act in 2001.
The case hinged on a federal statute from 1996 that prevents undocumented immigrants from getting higher education benefits unless it is available to all U.S. citizens regardless of where they live. Austin Community College, immigrant advocacy groups and a student had sought to intervene in the lawsuit and restore the law.