Higher education institutions and advocacy groups are mobilizing to defend state tuition equity policies after the Department of Justice filed lawsuits challenging in-state tuition access for undocumented students in seven states, according to a new playbook released this week by the Presidents' Alliance on Higher Education and Immigration.
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The legal challenges, which target Texas, Minnesota, Kentucky, Oklahoma, Illinois, California, and Virginia, follow an April 2025 executive order directing the Attorney General to halt enforcement of state laws that allegedly favor noncitizens. The lawsuits represent what the playbook calls "an unprecedented attempt to reinterpret federal law in a way that undermines state authority over higher education."
In Texas and Oklahoma, consent judgments have already restricted in-state tuition eligibility to students with "lawful presence," eliminating access for undocumented students while preserving it for DACA recipients, asylum seekers, and others with certain immigration statuses.
"The posture of these federal challenges has varied, and litigation is ongoing," the playbook states, noting that some state officials are defending their laws while others joined the federal government in seeking court orders against their own policies.
The policy changes have created significant confusion about which students remain eligible. "Importantly, the EO itself does not alter or invalidate existing state tuition equity laws, and each legal challenge turns on state-specific statutory language and legal interpretation," according to the guidance document.
Twenty-five states and Washington, D.C., currently provide in-state tuition access to undocumented students who meet specific criteria, typically including attendance at and graduation from local high schools. The playbook cites research showing tuition equity policies reduce high school dropout rates by eight percentage points and make undocumented students 1.54 times more likely to enroll in postsecondary education.
The economic stakes are substantial. The American Immigration Council estimates that rescinding Texas's tuition equity policy alone "could cost the state $461 million annually," according to the playbook.
Undocumented college graduates increase their earnings by 57% compared to peers without postsecondary degrees, generating increased tax revenue and economic activity, the document notes.
The playbook notes that states retain legal authority to set tuition policies.
"Federal law does not prohibit states from creating in-state tuition policies," it states, noting that federal statutes "explicitly grant states the authority to offer public benefits and in-state tuition rates to undocumented students."
The guidance urges institutions and coalitions to "affirm state authority and the legality of tuition equity policies" while countering misinformation.
"These state laws remain valid until overturned," the playbook states. "Therefore, unless and until an in-state tuition law is invalidated by a court (or repealed and/or superseded by the state legislature and/or relevant administrative body), it is in effect and operative."
For states facing challenges, the playbook recommends establishing coordinated support systems, including emergency aid funds, transfer pathways to institutions with friendlier policies, and mental health resources for students navigating policy uncertainty.
The document draws heavily on lessons from Texas, where the rapid policy shift created widespread confusion about eligibility standards. It urges institutions to provide clear, updated information and avoid "preemptive compliance" with executive actions that have not yet altered existing state laws.
The playbook also highlights the critical role of K-12 college counselors, noting that "counselors frequently field questions about eligibility and postsecondary options, often without clear or timely information."
The guidance was developed by the Higher Education Coordinating Group on Tuition Equity and Program Criteria, which includes national, state, and campus-based organizations along with legal and policy experts.
