Undocumented students allowed to pay in-state tuition

A ruling by the 5th U.S. Circuit Court of Appeals will allow the University of North Texas to charge out-of-state American citizens higher tuition than undocumented students who live in Texas, reversing a federal district court ruling that had blocked the practice.

If the appeals court had upheld the previous ruling, the decision would have had broad implications for all public universities in the state that financially rely on charging out-of-state students higher rates.

In its decision, the appeals court said the lower court misinterpreted federal statute, also ruling that U.S. District Judge Sean Jordan abused his discretion when he barred the university from offering instate tuition to undocumented students in Texas because it relied on an incorrect legal analysis.