In-state tuition for undocumented students

Name: Major immigration court cases & legal challenges tracker
Creator: MigrantUSA
License: https://migrantusa.com/terms/

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)

Next step: Fifth Circuit ruling pending in the Texas case after June 4, 2026 oral argument; Illinois under advisement; Eighth Circuit (Minnesota) and Sixth Circuit (Kentucky) appeals pending; Kansas consent decree awaiting court action.

Verified against the primary source as of 2026-07-25 — status can change with a single court ruling. Official source.

What’s happening

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

Jun 4, 2025 DOJ sues Texas; a same-day consent judgment enjoins the Texas Dream Act as preempted by 8 U.S.C. § 1623.
Mar 27, 2026 A Minnesota federal court dismisses the DOJ challenge — the first state to defeat the suit.
Mar 31, 2026 Kentucky consent decree signed, rescinding the in-state tuition regulation.
Jun 3, 2026 A Nebraska court order ends in-state tuition for undocumented students there.
Jun 4, 2026 Fifth Circuit hears oral argument in the Texas appeal (No. 25-10898); a ruling is awaited.
Jun 24, 2026 DOJ sues Kansas; the state AG joins a proposed consent decree while the governor moves to intervene to defend the law.

What to watch next

Fifth Circuit ruling pending in the Texas case after June 4, 2026 oral argument; Illinois under advisement; Eighth Circuit (Minnesota) and Sixth Circuit (Kentucky) appeals pending; Kansas consent decree awaiting court action.

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.

Frequently asked questions

What is this case about?

Where does it stand right now?

Mixed outcomes: in-state tuition laws struck or rescinded in Texas, Kentucky, Oklahoma and Nebraska; defended successfully in Minnesota; cases pending in Illinois, California, Virginia, New Jersey and Kansas. Fifth Circuit ruling pending in the Texas case after June 4, 2026 oral argument; Illinois under advisement; Eighth Circuit (Minnesota) and Sixth Circuit (Kentucky) appeals pending; Kansas consent decree awaiting court action.

The rules change. Hear about it first.

Monthly digest of USCIS, IRS, and consulate fee, form, and deadline changes — no spam.

General information, not legal advice. MigrantUSA is an independent publisher and is not a law firm; using this site does not create an attorney-client relationship, and this content is not a substitute for advice from a licensed attorney about your specific situation. US federal, state, and local government procedures, fees, and forms change. Always verify current details directly with the relevant agency before acting. For immigration, tax, or other legal matters specific to your situation, consult a licensed attorney or BIA-accredited representative.