In-state tuition for undocumented students

Status: In litigation — U.S. challenges to state tuition-equity laws (8 U.S.C. § 1623) (multiple — e.g., 5th Cir. No. 25-10898 (TX); D. Minn. 0:25-cv-02668; S.D. Ill. 3:25-cv-01691)

Mixed outcomes: in-state tuition laws struck or rescinded in Texas, Kentucky, Oklahoma, Nebraska, Illinois (July 24, 2026; no appeal) and Kansas (September 9, 2026 consent judgment); defended successfully in Minnesota; cases pending in California, Virginia, New Jersey, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut, Vermont, New Mexico, Arizona, Oregon, Washington, Hawaii, Arkansas, Utah and the District of Columbia.

Next step: Virginia order awaited after the July 7, 2026 hearing; California order awaited; Massachusetts response was due September 8, 2026; Tenth Circuit appeal of the Kansas intervention denial; Eighth Circuit (Minnesota, Nebraska) and Sixth Circuit (Kentucky) appeals pending; the Fifth Circuit denied rehearing en banc in the Texas intervention case on September 8, 2026 and MALDEF has said it will seek further review.

Last editorial review: 2026-09-24 — status can change with a single court ruling. Official source.

What’s happening

Mixed outcomes: in-state tuition laws struck or rescinded in Texas, Kentucky, Oklahoma, Nebraska, Illinois (July 24, 2026 — the state declined to appeal the ruling, which also blocked RISE Act aid and the DREAM Fund) and Kansas (September 9, 2026 — a consent judgment sought by DOJ and the state attorney general; the court denied the governor’s and students’ bids to intervene); defended successfully in Minnesota; cases pending in California, Virginia, New Jersey, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut, Vermont, New Mexico, Arizona, Oregon, Washington, Hawaii, Arkansas, Utah and the District of Columbia. Twenty-four states and the District of Columbia have now faced federal tuition-equity suits (as of September 24, 2026).

Who it affects

Undocumented students (and, depending on the state, DACA recipients and some other noncitizens) who qualify for in-state tuition rates at public colleges. Where laws were struck, affected students lose in-state rates; where cases continue, eligibility holds pending the courts.

How it got here

  1. Jun 4, 2025 DOJ sues Texas; a same-day consent judgment enjoins the Texas Dream Act as preempted by 8 U.S.C. § 1623.
  2. Mar 27, 2026 A Minnesota federal court dismisses the DOJ challenge — the first state to defeat the suit.
  3. Mar 31, 2026 Kentucky consent decree signed, rescinding the in-state tuition regulation.
  4. Jun 3, 2026 A Nebraska court order ends in-state tuition for undocumented students there.
  5. Jun 4, 2026 Fifth Circuit hears oral argument in the Texas appeal (No. 25-10898); a ruling is awaited.
  6. Jun 24, 2026 DOJ sues Kansas; the state AG joins a proposed consent decree while the governor moves to intervene to defend the law.
  7. Jun 29, 2026 DOJ sues Massachusetts and Rhode Island; suits against Maryland (July 16) and Colorado (July 23) follow.
  8. Jul 9, 2026 The Fifth Circuit upholds the denial of student intervention in the Texas case; MALDEF says it will seek further review.
  9. Jul 24, 2026 A federal court (S.D. Ill.) rules Illinois's in-state tuition law unconstitutional and blocks RISE Act aid and the DREAM Fund; the state does not appeal, and the order takes effect in August 2026.
  10. Aug 10, 2026 DOJ sues New York, Connecticut and Vermont on the same day — seventeen states have now faced federal tuition-equity suits.
  11. Aug 27, 2026 DOJ sues New Mexico, Arizona, Oregon and Washington over their tuition-equity laws.
  12. Sep 8, 2026 The Fifth Circuit denies rehearing en banc in the Texas intervention case.
  13. Sep 9, 2026 A Kansas federal court (D. Kan., USA v. Kansas, 5:26-cv-4066) enters the consent judgment sought by DOJ and the Kansas attorney general, permanently blocking KSA 76-731a (2004), and denies the governor's and students' motions to intervene to defend the law.
  14. Sep 10, 2026 DOJ sues Hawaii, the District of Columbia, Arkansas and Utah — twenty-four states plus D.C. have now faced federal tuition-equity suits.
  15. Sep 18, 2026 A student association represented by MALDEF appeals the denial of its motion to intervene in the Kansas case to the Tenth Circuit.

What to watch next

Virginia’s order after the July 7, 2026 hearing; California’s order; Massachusetts’s response (it was due September 8, 2026); the students’ Tenth Circuit appeal in Kansas; the Eighth Circuit (Minnesota, Nebraska) and Sixth Circuit (Kentucky) appeals; and whether MALDEF seeks further review in the Texas intervention case after the Fifth Circuit denied rehearing en banc on September 8, 2026.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.