Higher education immigration advocates expressed renewed optimism following Democratic gains in recent elections, particularly regarding policies that allow undocumented students to access in-state tuition rates. The shift in political leadership at state and federal levels could create opportunities to defend and restore tuition equity programs that have faced legal challenges from the Trump administration’s Justice Department.
The DOJ has filed lawsuits against 24 states and Washington, D.C., as well as individual universities, seeking to block in-state tuition provisions for undocumented students. Several states have already had their tuition-equity policies struck down or barred from enforcement, including Illinois, Kansas, Kentucky, Nebraska, Oklahoma, and Texas. However, some states have successfully defended these policies in court, with federal judges in Minnesota and Virginia recently ruling to allow tuition-equity programs to continue. Litigation remains ongoing in more than a dozen additional states.
The status of pending cases varies significantly, with outcomes depending on whether settlements are final, whether appeals have been filed, and whether outside groups have legal standing to intervene. Newly elected Democratic officials may have different options depending on these legal circumstances. In Texas, where the DOJ sued in June 2025, the previous Republican attorney general quickly conceded and agreed not to enforce the in-state tuition law. The incoming Democratic attorney general has expressed criticism of that decision, though legal experts note that unwinding such agreements may prove difficult if they are already finalized.
Advocates suggest multiple pathways forward for preserving and expanding tuition equity. State legislatures could propose new legislation that creates alternative pathways to in-state tuition divorced from residency requirements, potentially strengthening legal defenses. Congress could also revisit the 1996 immigration law that restricts education benefits for undocumented students, or enact permanent solutions for certain undocumented immigrants brought to the country as children. However, such federal action would require presidential approval, which appears unlikely given the current administration’s enforcement priorities.
Despite the optimism, advocates acknowledged that legal challenges will likely continue, with the DOJ filing additional lawsuits even after the recent elections. The outcome will depend significantly on the legal positions taken by newly elected attorneys general and the legislative actions pursued in various states.
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