This press release was originally published by
Presidents' Alliance on Higher Education and Immigration and
has been republished with permission.
The Presidents' Alliance
on Higher Education and Immigration, joined by 37 public and
private colleges and universities and organizations from across the
country, today filed a powerful
amicus brief in the U.S. Court of Appeals for the Fifth
Circuit in support of intervenors defending Texas's tuition
equity law. Tuition equity policies allow eligible students,
regardless of immigration status, to pay in-state tuition rates and
access state financial aid.
Monica Andrade, Presidents' Alliance' Director of State Policy and Legal Strategy stated: "Tuition equity is vital to the strength of our nation's higher education system and workforce. Undocumented students are deeply integrated into the fabric of our colleges and communities. When we make higher education accessible to all, we invest in a stronger, more prosperous future for everyone. Our member colleges and universities know that inclusive policies strengthen institutions and expand opportunity for all students.
That's why, through this amicus filing, we are asking the Court to allow the intervenors to continue their participation. We are underscoring the urgency of including these essential voices in the case so that the Court can fully appreciate the reliance interests, economic impacts, and educational consequences now unfolding in Texas and beyond."
Over 500,000 undocumented students are enrolled in higher education in the U.S. The filing underscores the vital role these students play. Removing access to in-state tuition would harm students, reduce enrollment, increase administrative burdens, and weaken the country's long-term competitiveness by shrinking the pipeline of skilled workers.
The Presidents' Alliance is represented by Foley Hoag.
Madeleine K. Rodriguez, Partner at Foley Hoag said: "States have long held the authority to establish policies that support their students and strengthen their educational and economic foundations. Through this amicus brief we are urging the Court to allow a full and fair consideration of the perspectives of students and educators."
Background of the case:
On June 4, 2025, the U.S. Department of Justice filed a lawsuit against the State of Texas seeking to invalidate the Texas Dream Act, a 2001 law that allows eligible Texas high school graduates, regardless of immigration status, to pay in-state tuition at public colleges and universities. Before the law was rescinded, Texas had the longest-running tuition equity policy in the United States.
The federal government and the State of Texas jointly entered into a consent judgment asking the court to invalidate the law, and the U.S. District Court for the Northern District of Texas issued an order enjoining it later that day. Several parties affected by the ruling, including La Unión del Pueblo Entero, Austin Community College, Oscar Silva, and Students for Affordable Tuition, sought to intervene, but their motions were denied. The proposed intervenors have appealed to the U.S. Court of Appeals for the Fifth Circuit.
For more information on the case, visit our litigation page.
Resources:
- Amicus brief filed in the Fifth Circuit Court of Appeals
- In-State Tuition and Scholarships for Undocumented Students: What Institutions Should Know
- Key Resources and Messaging Guidance on In-State Tuition Executive Order
- Testimony of Presidents' Alliance and TheDream.US after the DOJ filed its challenge
- Breakdown of the Undocumented Student Population in U.S. Colleges and Universities
- Breakdown of the Dreamer Population with and without DACA
- Directory of Presidents' Alliance Resources to Support Undocumented Students, DACA recipients, and Institutions of Higher Education