finance
Fifth Circuit requires states offering in-state tuition to illegal aliens to extend the same benefit to all U.S. citizens regardless of residency
The Fifth Circuit Court of Appeals ruled July 9 that federal law bars states from offering postsecondary education benefits to illegal aliens based on residency unless the same benefits are available to all U.S. citizens irrespective of residency. The decision addressed a Texas case involving university tuition policies.
Jul 11, 5:30 PM·1m read2 sources
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The Fifth Circuit Court of Appeals ruled on July 9 that Section 1623(a) preempts state laws granting postsecondary education benefits to illegal aliens based on residence unless the same benefit is available to all U.S. citizens and nationals irrespective of residency.
Citizens. Judge Jerry Smith and Judge Don Willett formed the majority. Judge Irma Ramirez dissented. ZeroHedge reported the decision on July 11. Brett Shumate, Assistant Attorney General for the DOJ Civil Division, stated that the ruling is a victory for the Trump administration and American taxpayers.
Governor Greg Abbott said, "Texas and the Trump DOJ just secured another major victory for the rule of law. " As of October 2025, 22 states offered in-state tuition to illegal aliens. The University of Arizona provides guidance to DACA/Dreamer applicants on obtaining in-state tuition and merit scholarships while reducing merit scholarships for American citizen students for the incoming fall 2026 freshman class.
