Appeals Court upholds University of North Texas' tuition policy

Some of the content in this article was taken from Dallas Metro News and The Texas Tribune

DENTON - The University of North Texas (UNT) has been granted the right to continue its policy of charging higher tuition fees to out-of-state American citizens, compared to undocumented students residing in Texas, according to a ruling by the 5th U.S. Circuit Court of Appeals on Monday. This decision reverses a previous federal district court ruling, which had prevented the university from doing so, Dallas Metro News reported.

This victory in court is a significant one for undocumented students in Texas, who have been beneficiaries of lower tuition rates, and for the advocates who have been battling against efforts from some Texas lawmakers to abolish these in-state tuition advantages for such students.

If the appeals court had upheld the former ruling, it could have posed broad implications for all public universities in Texas, which financially depend on the higher tuition fees from out-of-state students.

The appeals court, in its judgment, said that the lower court had misinterpreted federal statute. It also concluded that U.S. District Judge Sean Jordan had exceeded his authority by prohibiting UNT from providing in-state tuition to undocumented Texas students, because his decision was based on an erroneous legal interpretation.

However, the court did not entirely dismiss potential future challenges to Texas’ in-state tuition law.

"There may be valid preemption challenges to Texas’ scheme here. But this is not one of them," the court stated, as reported by The Texas Tribune.

Rob Henneke, the Executive Director and General Counsel of the conservative Texas Public Policy Foundation (TPPF), sees Monday's ruling as a minor victory for UNT. He disputes the court's analysis but also acknowledges that the ruling leaves room for a different legal challenge. TPPF is currently deliberating on their future steps, potentially including further legal actions related to this issue.

The lawsuit was centered on a 2001 Texas law, which allows undocumented students who have spent three years in Texas and graduated from a Texas high school, to pay in-state tuition. TPPF, on behalf of the Young Conservatives of Texas student group at UNT, filed the lawsuit three years ago. Their argument was centered on the federal Illegal Immigration Reform and Immigrant Responsibility Act of 1996, claiming that out-of-state students shouldn't pay more than undocumented Texas students.

As for responses from UNT or TPPF, there were none immediately available.

In 2022, the average tuition cost for an in-state UNT student was just under $12,000, while an out-of-state student paid nearly $24,000. In comparison, Texas residents attending the University of Texas at Austin pay between $11,000 and $14,000 on average for tuition, whereas a nonresident student pays between $38,600 and $47,000.