The Fifth Circuit Court of Appeals struck down a 25-year-old Texas law that gave illegal immigrants in-state tuition rates at public colleges and universities, ruling the program directly conflicts with federal law. The 2-1 decision, handed down on July 9, marks a significant legal victory for the Trump administration and for the principle that federal immigration law means what it says.
At the heart of the case is a simple question that should never have taken a quarter-century to resolve: Can a state charge an American citizen from Oklahoma or Louisiana more to attend a Texas public college than it charges someone who is in the country illegally? The Fifth Circuit’s answer was no.
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