Almost half of the states in the country allow some illegal immigrants to benefit from in-state tuition in some form or another, with Texas being the first to do so but the most recent to undo its policy.
Twenty-three states – plus the District of Columbia – offer undocumented students the ability to pay the same rate as residents, whether through waivers or established law.
In 2001, Texas passed a law allowing such, but recently reached a legal agreement with the Trump Justice Department to end it – with a George W. Bush-appointed judge siding against the 25-year policy.
“Ending this discriminatory and un-American provision is a major victory for Texas,” state Attorney General Ken Paxton said at the time.
MINNESOTA FACES FEDERAL LAWSUIT FOR OFFERING ILLEGAL IMMIGRANTS COLLEGE TUITION BENEFITS DENIED TO AMERICANS
Florida repealed its policy and several other states are trying to undo their own forms of the controversial benefit.
“We should not be subsidizing illegal immigration through our higher education system,” Gov. Ron DeSantis said earlier this year, referring to a policy that began when Sen. Rick Scott, R-Fla., served as governor.
Rep. Randy Fine, R-Fla. – then a state senator from Brevard – was instrumental in Tallahassee’s policy change, arguing at the time it would also save about $45 million annually for state taxpayers.
In Kentucky, former Attorney General Daniel Cameron – who is running for Sen. Mitch McConnell’s open seat in 2026 – is backing the Justice Department’s lawsuit against the Bluegrass State’s policy.
KENTUCKY WANTED THIS FIGHT: FORMER AG BACKS ILLEGAL IMMIGRANT TUITION LAWSUIT AS VOTER-APPROVED
“I think it’s well time that we take care of our American citizens as opposed to illegals,” Cameron said.
“I think our legislature, the Republican legislature, is rightly trying to take back some control,” he said of a bill working its way through Frankfort to undo the policy.
A representative for Democratic Gov. Andy Beshear told Fox News Digital at the time that the governor has no power in the matter, which they said is overseen by an independent education-focused state agency.
“The Department of Justice just won on this exact issue in Texas, and we look forward to fighting in Kentucky to protect the rights of American citizens,” Attorney General Pam Bondi said of her lawsuit against Beshear.
Kansas and Minnesota currently have initiatives matriculating through their legislatures seeking to undo such in-state tuition permissions.
Fox Business’ Lydia Hu contributed to this report.
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