On March 27, 2026, a federal judge dismissed the Trump administration's lawsuit against Minnesota over its in-state tuition policy for undocumented students — the first court ruling against the DOJ's campaign targeting seven states. The ruling hinged on a specific detail: Minnesota's law ties lower tuition rates to attending high school in the state, not to residency status. Three states — Kentucky, Oklahoma, and Texas — have already agreed to end their programs under federal pressure. Virginia has also agreed to eliminate in-state tuition for undocumented students. Here's what this means depending on where you live.

If you're an undocumented student weighing your college options, the legal landscape around in-state tuition shifted in late March — in both directions at once.

A federal court handed Minnesota a win. Other states have quietly agreed to walk away from policies that once made college more affordable for hundreds of thousands of students. Whether your state is in one category or the other matters enormously for what you'll pay.

What Happened in Minnesota

U.S. District Judge Katherine Menendez dismissed the federal government's challenge to Minnesota's in-state tuition law on March 27, 2026.1

The ruling is the first court loss for the Trump administration in its broader campaign against state in-state tuition policies. Attorney General Pam Bondi had sued seven states over policies that allow undocumented students to pay in-state tuition rates — a significant cost difference that can run $10,000 to $25,000 per year at large public universities.1

The judge's reasoning came down to the specific structure of Minnesota's law. Under the Minnesota policy, the lower tuition rate is tied to having attended high school in the state — not to being a state resident. Because a student who lives outside Minnesota could theoretically qualify by attending a Minnesota high school, the law doesn't technically require state residency. That distinction matters under the federal statute at issue.2

Federal law does not prohibit states from providing in-state tuition to undocumented immigrants, provided the same opportunity is extended to nonresidents who meet the same requirements — which Minnesota's law does.2

The legal question in these cases isn't whether undocumented students "deserve" in-state tuition. It's whether state laws that extend lower tuition to undocumented students violate federal law by discriminating against U.S. citizens from other states. In Minnesota's case, the court found they do not — because the law is based on where a student went to high school, not their immigration status or state residency.

States Where Policies Are Changing

Minnesota's win doesn't mean the broader campaign has stopped. The federal government has secured agreements to eliminate in-state tuition for undocumented students in several states:

Kentucky, Oklahoma, and Texas have agreed to repeal their laws providing in-state tuition rates to undocumented students following federal pressure.1

Virginia separately agreed to eliminate in-state tuition for undocumented students — the first state to do so under the Trump administration — in January 2026.2

These changes represent a meaningful shift in affordability for undocumented students in those states. A student in Texas who previously paid in-state rates at UT Austin — roughly $11,000 per year — would now face out-of-state rates approaching $40,000.

If you're an undocumented student in Kentucky, Oklahoma, Texas, or Virginia, the in-state tuition benefit you may have counted on has changed or is being eliminated. Contact your state's higher education agency and the financial aid office at any school you're considering to get current figures before making any enrollment decisions.

The Broader Context

The Trump administration's legal campaign targets the roughly 19 states that have enacted laws allowing undocumented students to pay in-state tuition — most of them tied to attending high school in the state for a set number of years.1

The argument from federal lawyers is that such policies discriminate against U.S. citizens from other states, because those out-of-state citizens don't qualify for the lower tuition rate. The counter-argument — which Minnesota's court accepted — is that the federal statute involved allows any student, documented or not, to receive lower tuition if they meet the same in-state criteria.

More lawsuits and rulings are expected. What happens in one state doesn't automatically affect another, because each state's law is written differently.

What This Means If You're Planning for College

If you live in a state that hasn't been sued or agreed to change policies: Your current in-state tuition access likely remains intact for now — but the legal landscape may shift. Stay in contact with your school's financial aid office and student advocacy resources.

If you're in a state that has agreed to eliminate the policy: Start running the real numbers now. The net price calculator at any school you're considering will show you projected costs, though you should call the financial aid office to confirm whether current policy changes are reflected in that estimate.

Community college remains a strong option. Even at out-of-state tuition rates, community colleges are significantly less expensive than four-year universities. Our guide to whether community college is free explains what programs exist and who qualifies.

Know what aid you can access. Undocumented students typically cannot access federal financial aid programs, but state and institutional aid varies significantly. Our guide to financial aid options for undocumented students covers what's actually available by state and school type, including DACA-specific programs where they exist.

Understand how tuition reciprocity works. Some states have agreements that extend in-state rates to students from neighboring states — which is separate from the undocumented student policies being targeted. Those agreements remain in place. See our tuition reciprocity guide for details.

The broader guide to planning for college as an undocumented student covers these considerations in full, including scholarship options, community resources, and how to approach financial aid conversations with admissions offices.

What to Watch Next

The DOJ's remaining cases against states are still working through the courts. Minnesota's ruling may influence how other judges approach similar lawsuits, but each state's law is distinct. A win in Minnesota doesn't automatically protect every other state's policy.

For students and families navigating this uncertainty, the most important thing is to get specific information about the state and schools you're considering — and not to assume anything about tuition costs until you've confirmed it directly with the institution.

Footnotes

  1. Inside Higher Ed. (2026, March 30). DOJ Loses Lawsuit Over Minnesota In-State Tuition Policies. https://www.insidehighered.com/news/quick-takes/2026/03/30/doj-loses-lawsuit-over-minnesota-state-tuition-policies ↩ ↩2 ↩3 ↩4

  2. The Hill. (2026). Judge dismisses Trump's challenge to Minnesota in-state tuition law for undocumented students. https://thehill.com/homenews/education/5807340-minnesota-undocumented-students-tuition/ ↩ ↩2 ↩3