The conservative 5th Circuit US Court of Appeals has ruled the University of North Texas is correct when it charges out-of-state residents more for tuition than it does for in-state illegal immigrants. In its opinion, the three-judge panel reversed a Plano federal judge and found that UNT is applying Texas law correctly. That law gives in-state residents a lower tuition rate than out-of-state residents.
“So long as they satisfy the statute’s residency requirements, illegal aliens are eligible for Texas resident tuition," Justice Edith Brown Clement wrote.
The suit was brought by a group called Young Conservatives of Texas Foundation. While the appellate panel concluded the group has standing, it said the suit missed the mark.
“UNT argues first that any “injury” the students sustained was of their own making: out of all possible postsecondary options across the country, the students chose to buy—at an open, disclosed price—an out-of-state education where they are asked to pay more,” the opinion says. ‘In the UNT officials’ framing, the university offered a bargain—out-of-state tuition in exchange for a college education—which students accepted and got the benefit of.”
The Young Conservatives of Texas Foundation is reviewing options.
“They agreed that the state tuition statute, which charges 900-percent more expensive tuition to out-of-state American citizen-residents than it does to illegal immigrants, the court agreed that was unconstitutional. They just felt we approached it the wrong way” said Robert Henneke, who represents the student group.
The student group has several options it can pursue. It can refile the suit in a more narrow form or it can appeal to the full 5th Circuit. All options are on the table, says Henneke.
At attorney for UNT and the school have not responded to requests for comment.
Related
LISTEN on the Audacy App
Tell your Smart Speaker to "PLAY 1080 KRLD"
Sign Up to receive our KRLD Insider Newsletter for more news