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Mixed outcomes: in-state tuition laws struck or rescinded in Texas, Kentucky, Oklahoma, Nebraska and — since July 24, 2026 — Illinois (which did not appeal); defended successfully in Minnesota; cases pending in California, Virginia, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut and Vermont.

Next step: Virginia order awaited after the July 7, 2026 hearing; Massachusetts response due September 8, 2026; Eighth Circuit (Minnesota) and Sixth Circuit (Kentucky) appeals pending; Kansas proposed consent decree awaiting court action; MALDEF has said it will seek further review in the Texas intervention case.

Last editorial review: 2026-08-26 — 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Mixed outcomes: in-state tuition laws struck or rescinded in Texas, Kentucky, Oklahoma, Nebraska and — since July 24, 2026 — Illinois, which declined to appeal the ruling that also blocked RISE Act aid and the DREAM Fund; defended successfully in Minnesota; cases pending in California, Virginia, New Jersey, Kansas, Massachusetts, Rhode Island, Maryland, Colorado, New York, Connecticut and Vermont. Seventeen states have now faced federal tuition-equity suits.

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.

What to watch next

Virginia’s order after the July 7, 2026 hearing; Massachusetts’s response, due September 8, 2026; the Eighth Circuit (Minnesota) and Sixth Circuit (Kentucky) appeals; the Kansas proposed consent decree; and whether MALDEF obtains further review in the Texas intervention case after the Fifth Circuit’s July 9, 2026 ruling.

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.