The Texas Public Policy Foundation recently won a landmark case that could eventually provide all students at colleges and universities in Texas with the same access to in-state tuition rates that undocumented immigrants enjoy. For now, the decision by the US District Court for the Eastern District of Texas declaring higher nonresident tuition rates unconstitutional only pertains to the University of North Texas, which was sued by TPPF on behalf of the Young Conservatives of Texas at UNT. The foundation argues schools across Texas should begin to plan for the ruling to apply to all Texas colleges and universities soon.
“Universities in Texas simply cannot willingly violate federal law to benefit noncitizens in Texas at the expense of U.S. citizens,” said Robert Henneke, general counsel and executive director at TPPF. “Now that a federal judge has rightly declared the out-of-state tuition statute unconstitutional, no Texas state university should continue to charge out of state students a higher tuition rate, starting with the upcoming summer semester.”
“For years, UNT has openly charged unconstitutionally high tuition rates,” said Chance Weldon, Senior Attorney at TPPF. “This decision is not only a victory of UNT students, it is also a victory for constitutional governance and the rule of law. University officials are not above the law.”
“Friday’s Court ruling upholds the constitutional system crafted by our founders,” said Christian Townsend, Attorney at TPPF. “When the federal government properly uses its lawmaking powers, states must stay within those boundaries.”
Read the full opinion here.