Executive Order Targets Undocumented Students’ In-State Tuition

Immigrant rights advocates are urging state and higher ed leaders not to make any hasty changes to their in-state tuition policies after President Trump issued an executive order on Monday threatening to crack down on sanctuary cities and localities with laws that benefit undocumented immigrants.

The blow to undocumented students, who in nearly half the country pay in-state tuition, is tucked into an executive order focused mostly on pressuring state and local officials to abandon their cities’ sanctuary status and cooperate with federal immigration authorities. The order demands federal officials make lists of “sanctuary jurisdictions” and the federal funds that could be suspended or cut if they don’t change course. The order also commands them to take “appropriate action” to stop the enforcement of state and local laws and practices “favoring aliens over any groups of American citizens,” including in-state tuition benefits to undocumented students “but not to out-of-state Americans.”

The move has the potential to affect 24 states and Washington, D.C., which allow in-state tuition for local students with or without citizenship. (Florida previously allowed undocumented students to pay in-state tuition rates but ended its decade-old, historically bipartisan policy in February.) Undocumented students and supporters have long touted these policies as a way to make college more affordable for those who can’t access federal financial aid but who grew up in the states and plan to work in their local communities after they graduate.

“What immigrant, international and refugee students bring is needed talent, skills and contributions,” said Miriam Feldblum, executive director of the Presidents’ Alliance on Higher Education and Immigration. “In-state tuition increases the number of a state’s residents who are college educated, who are able to contribute far more to the state’s economy and to their communities than if they did not have a college education.”

Gaby Pacheco, president and CEO of TheDream.US, a scholarship provider for undocumented students, said many of these students come from low-income backgrounds and couldn’t afford college otherwise.

Her organization is currently scrambling to help undocumented students in Florida pay for the remainder of their credits and graduate before they have to pay much higher out-of-state tuition rates. In some cases, that means helping them transfer to more affordable institutions.

For many, “it’s just impossible for them to be able to come up with that money,” she said.

She’s encouraging state and institutional leaders to avoid “panicking” or “making abrupt policy changes” in response to the executive order.

Other executive orders have “created so much panic and unnecessary movement from colleges, universities, states, that it was more hurtful than anything,” she said. The administration is putting forward a “belief” that charging undocumented students in-state tuition rates is unlawful, but “that belief is legally dubious.”

Deciphering the Executive Order

Immigrants’ advocates and legal scholars say the meaning of the executive order is somewhat hazy. For example, it’s unclear what it means for federal officials to “take appropriate action” to prevent in-state tuition policies from being enforced.

The order also doesn’t directly say states or institutions with such laws will lose any federal funding, noted Ahilan Arulanantham, professor from practice at the UCLA School of Law and co-director of the law school’s Center for Immigration Law and Policy.

Still, the order’s threatening tone toward sanctuary cities’ federal funds could be “a window into where this fight could go if the federal government wants to expend significant political capital on this issue,” Arulanantham said. Congress, for example, could decide to pass a law to cut federal funds from universities that offer undocumented students in-state tuition—a proposal outlined in Project 2025. But the executive order itself doesn’t explicitly take away federal dollars from anyone or have the power to do so, he said.

“If I were a local government or state government official, I probably wouldn’t sue tomorrow over this,” Arulanantham said. “I would wait to see if this is actually going to have any teeth, or if it’s just like a press release.”

Pacheco similarly described the order as “warning” states of the administration’s posture toward these policies. At the same time, she believes it’s important to plan ahead in case Trump takes the issue further.

“They’re trying to tell states, ‘We believe that you providing certain benefits for undocumented students is against the law,’” she said. “We’ve known this forever—these states are not violating the law.”

The order suggests that in-state tuition for undocumented students “may violate” a federal statutory provision that says undocumented people can’t receive higher ed benefits unless citizens are also eligible. But in-state tuition policies are designed to serve citizens living in these states, as well. For example, under California’s Assembly Bill 540, any nonresident who spent three years in California high schools is eligible for in-state tuition. That policy also benefits citizens who grew up in the state who may have left for any reason and returned.

These types of in-state tuition policies, including California’s, have faced legal challenges in the past, “but all the challenges have failed, said Kevin Johnson, dean of the UC Davis School of Law. He described the executive order as “vaguely worded,” while the state laws, by contrast, are “very clear.”

The legal argument is that undocumented students are “just being treated equally as all other residents of the state,” he said. “The idea is that they’re residents, which means they’re taxpayers—maybe it’s sales tax, maybe state income tax, federal income tax—whatever it is, they should be treated like other residents and not discriminated against because of their immigration status.”

What Happens Next

Arulanantham worries that despite their strong legal foundation, states and higher ed institutions may rush to end in-state tuition benefits for undocumented students out of fear.

“That’s actually almost certainly the primary purpose of this order”: to spur “pre-emptive discrimination because [institutions] think they have to or they think it’s safer to,” he said.

Feldblum noted that, prior to the executive order, some state lawmakers were already starting to shift on the issue, perhaps “to align themselves with the federal government.”

While some states have recently doubled down on such policies, proposing new legislation to expand in-state tuition eligibility, others have also moved to curtail them. Following in Florida’s footsteps, lawmakers in other states, including Kansas, Kentucky and Texas, are considering legislation to prohibit in-state tuition for undocumented students. Texas was the first to allow undocumented students to pay in-state tuition rates in 2001, joined by California that same year.

“This is not coming in a vacuum … We have to take this seriously and substantively, consider the kinds of actions we need to take to defend in-state tuition—including, if needed, legal action,” Feldblum said. “And then also make sure we’re placing equal emphasis on supporting and communicating with potentially impacted students so that they know their education is important and that they’re important.”