NEW ORLEANS - Yesterday, the U.S. Court of Appeals for the Fifth Circuit reversed a ruling barring a Texas university from charging out-of-state students higher tuition rates.
The Young Conservatives of Texas Foundation sued officials at the University of North Texas, asserting that Texas’ tuition scheme violated federal law.
According to the Fifth Circuit’s opinion, it’s not uncommon for states to charge residents a lower price for public college while charging those who live elsewhere more. Texas allows illegal aliens who satisfy residency requirements to pay the in-state, lower tuition.
Texas resident tuition is pegged at $50 per semester credit hour, while nonresident tuition totals $458 per semester credit hour.
A district court found the tuition difference violated the Constitution and enjoined UNT officials from enforcing the tuition rates.
The Fifth Circuit found that the trial court abused its discretion in permanently enjoining the university officials from enforcing a section of the Texas Education Code.
“Because the district court awarded a permanent injunction by relying on its erroneous preemption analysis, it abused its discretion,” the opinion states. “There may be valid preemption challenges to Texas’ scheme here. But this is not one of them.
“The district court’s judgment is REVERSED, and its permanent injunction is VACATED.”
Case No. 22-40225