Overview
Following the June 2025 federal court ruling that blocked SB 1528, the criteria for establishing Texas residency for in-state tuition have changed significantly. The primary impact is the removal of the affidavit pathway previously used by undocumented students. Texas Public Universities now require documentation of lawful status in addition to meeting Texas residency requirements.
Eligibility by Student Category
· U.S. Citizens & Permanent Residents — ✅ Eligible
Must meet Texas residency rules (12 months domicile in Texas + high school attendance).
· Undocumented (no lawful status) — ❌ Not Eligible
SB 1528 pathway blocked by June 2025 ruling. Classified as out-of-state regardless of high school attendance.
· DACA (Deferred Action for Childhood Arrivals) — ⚠️ Mixed / Case-by-case
Considered 'lawfully present.' Some universities allow in-state tuition if residency requirements are met. Policies may change pending appeals. Students must confirm with their registrar.
· Asylum Seekers (pending cases) — ⚠️ Case-by-case
Approved asylum = lawful presence → eligible. Pending applications require individual review with documentation.
· Refugees — ✅ Eligible
Refugee status = lawful presence. Eligible if Texas residency and high school requirements are met.
· Eligible Visa Holders (H-1B, H-4, E-2, L-1, etc.) — ✅ Eligible
Must hold a visa type that allows domicile and meet Texas residency criteria.
· Ineligible Visa Holders (F-1/F-2, J-1/J-2, TN/TD) — ❌ Not Eligible
Federal/state rules prohibit establishing domicile with these visas. Always considered non-residents.
· TPS (Temporary Protected Status) — ✅ Eligible
TPS = lawful presence. Eligible if residency requirements are satisfied.
Key Takeaways for Counselors & Families
• Undocumented students are no longer eligible for in-state tuition under Texas law.
• Lawfully present non-citizens (DACA, refugees, asylum seekers, TPS holders, and certain visa categories) may still qualify if they also meet residency criteria.
• Texas universities now require proof of lawful status to grant in-state tuition classification.