‘Resident Status’ Policy is Officially Off The Books

January 23, 2026 – The Texas Higher Education Coordinating Board has officially repealed a long-standing policy tied to in-state tuition eligibility for illegal aliens, quietly closing the door on a rule that dated back more than two decades.

The repeal was approved as part of the board’s consent agenda during its most recent quarterly meeting and was adopted without discussion. The policy had already been rendered obsolete after being replaced last year, but its formal removal marks the final administrative step in undoing a rule rooted in the Rick Perry-era law that allowed illegal aliens to qualify for resident tuition rates at Texas public colleges and universities.

The earlier policy was effectively overturned following a legally binding consent decree negotiated by Attorney General Ken Paxton in coordination with the Trump administration. That agreement required Texas to end the practice of granting in-state tuition to individuals who are in the country illegally, aligning state higher-education rules with federal immigration law.

Under the revised framework adopted in 2025, residency determinations for tuition purposes now exclude immigration status exemptions that had previously allowed certain non-citizens to pay lower, in-state rates. Supporters of the change argue it restores fairness for Texas taxpayers and ensures that public education subsidies are reserved for lawful residents.

Critics, however, warn the repeal could limit access to higher education for students who have lived in Texas for years and graduated from Texas high schools.

The board’s action, though procedural, underscores a broader shift in state policy and reflects ongoing political and legal battles over immigration, education funding, and who qualifies for public benefits in Texas.