Higher Education

As Trump DOJ cracks down on in-state tuition for illegal aliens, OU and OSU mum

July 15, 2025

Ray Carter

A federal crackdown on universities that charge lower tuition rates to illegal immigrants than to U.S. citizens could impact Oklahoma colleges and universities, but officials at the state’s two largest schools aren’t saying what, if anything, they are doing to address the issue.

Via an executive order issued in April, President Trump put colleges nationwide on notice that they could face federal sanction if they allow illegal immigrants to pay in-state tuition while charging higher tuition rates to U.S. citizens from outside a state.

Trump’s executive order stated, “The Attorney General, in consultation with the Secretary of Homeland Security and appropriate agency heads, shall identify and take appropriate action to stop the enforcement of State and local laws, regulations, policies, and practices favoring aliens over any groups of American citizens that are unlawful, preempted by Federal law, or otherwise unenforceable, including State laws that provide in-State higher education tuition to aliens but not to out-of-State American citizens that may violate 8 U.S.C. 1623 or that favor aliens in criminal charges or sentencing.”

The section of federal law referenced by Trump’s order states, “Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.”

The federal law has been in place for years, but has been rarely enforced. Should federal officials now force state colleges and universities to comply, Oklahoma’s higher education system could be impacted.

The Higher Ed Immigration Portal, an initiative of the left-of-center Presidents’ Alliance on Higher Education and Immigration, lists Oklahoma “as an Accessible state in terms of inclusive in-state tuition and state financial aid policies for undocumented students.” The portal estimates that 1.3 percent of students in Oklahoma colleges and universities are illegal immigrants.

The Higher Ed Immigration Portal reports that Oklahoma state law allows illegal immigrants to receive in-state tuition if a youth graduated from high school in Oklahoma, resided in Oklahoma with a parent or guardian for at least two years prior to high school graduation, and has applied with the U.S. Citizenship and Immigration Services (USCIS) for legal status.

In addition, the University of Oklahoma website includes a page devoted to “undocumented admissions” that includes information to assist illegal immigrants seeking to attend the university.

“The University of Oklahoma welcomes all undergraduate and graduate applicants regardless of citizenship status,” the OU website states. “Undocumented students, with or without Deferred Action for Childhood Arrivals (DACA) status, should follow the same application procedure as all other OU applicants.”

The OU website notes that illegal immigrant students are allowed to receive in-state tuition under Oklahoma law.

The OU website also states, “The cost of attending our school can be daunting, but as an undocumented student, know we have processes in place that assist in making OU possible.”

OU’s website states that illegal immigrants “could be exempt from the requirement of living on campus.”

Justice Department Moves Against States Over In-State Tuition for Illegals

The U.S. Department of Justice recently filed a lawsuit against the state of Kentucky over its law allowing illegal immigrants to receive in-state tuition.

The complaint, filed June 17, states, “Federal law prohibits aliens not lawfully present in the United States from getting in-state tuition benefits that are denied to out-of-state U.S. citizens. … There are no exceptions.”

The U.S. Department of Justice filed a similar complaint targeting the state of Minnesota on June 25. That complaint states, “Federal law prohibits States from providing aliens not lawfully present in the United States with any postsecondary education benefit that is denied to U.S. citizens. … That prohibition is categorical …, yet Minnesota is flagrantly violating it.”

When the U.S. Department of Justice filed a similar lawsuit against the state of Texas over a law providing in-state tuition to illegal immigrants, a federal judge enjoined enforcement of the state law, and the state of Texas quickly reached a settlement agreement.

“The Justice Department commends Texas leadership and (Texas) AG Ken Paxton for swiftly working with us to halt a program that was treating Americans like second-class citizens in their own country,” U.S. Attorney General Pamela Bondi said in a June 5 statement. “Other states should take note that we will continue filing affirmative litigation to remedy unconstitutional state laws that discriminate against American citizens.”

The Oklahoma Council of Public Affairs reached out to the University of Oklahoma and Oklahoma State University to ask officials at each school how they are responding to Trump’s executive order and the status of any practices providing in-state tuition to illegal immigrants.

Neither school responded to the request for comment.

The U.S. Department of Education recently announced it will also end taxpayer subsidization of illegal aliens in career, technical, and adult education programs. In an interpretive rule, the Department rescinded a Dear Colleague letter from the Clinton Administration that enabled non-qualified illegal aliens to access federal public benefits in contravention of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). The interpretive rule also ensures that postsecondary education programs authorized under the Higher Education Act (HEA), such as Pell Grants and student loans, continue to be inaccessible to illegal immigrants.

“Postsecondary education programs funded by the federal government should benefit American citizens, not illegal aliens,” said U.S. Secretary of Education Linda McMahon. “Under President Trump’s leadership, hardworking American taxpayers will no longer foot the bill for illegal aliens to participate in our career, technical, or adult education programs or activities. The Department will ensure that taxpayer funds are reserved for citizens and individuals who have entered our country through legal means who meet federal eligibility criteria.”