Fifth Circuit Says Federal Law Preempts Texas Tuition Break
The July 9, 2026 decision, United States v. Texas, No. 25-10898, applied 8 U.S.C. § 1623(a) to strike down the state benefit.
- The three-judge panel affirmed a lower court's injunction blocking Texas from enforcing its tuition statute.
- Section 1623(a) requires states to give the same residency-based tuition rate to all U.S. citizens.
- Texas public universities must now charge undocumented students the higher, non-resident tuition rate.
Why it matters: No state may give an illegal alien a benefit it withholds from an American of another state.
U.S. Court of Appeals for the Fifth Circuit, No. 25-10898 (United States v. Texas) ↗ · 11 جولائی، 202611/7/26 · ✓ Checked✓