Higher Education
Ray Carter | September 3, 2025
Federal judge strikes down Oklahoma's in-state tuition for illegal immigrants
Ray Carter
An Oklahoma law that allowed illegal immigrants to attend state colleges and universities while paying in-state tuition rates has been struck down.
In his order and final consent judgment in United States of America v. State of Oklahoma, U.S. District Judge Ronald White declared that the Oklahoma law is “unconstitutional and invalid.”
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.
Federal law has long stated, “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.”
Even so, Oklahoma and several other states have ignored that law for years.
The Higher Ed Immigration Portal lists Oklahoma “as an Accessible state in terms of inclusive in-state tuition and state financial aid policies for undocumented students,” and estimates that 1.3 percent of students in Oklahoma colleges and universities are illegal immigrants.
Until recently, the University of Oklahoma website included a page devoted to “undocumented admissions” that included information to assist illegal immigrants seeking to attend the university.
The Higher Ed Immigration Portal notes that Oklahoma state law allowed 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 had applied with the U.S. Citizenship and Immigration Services (USCIS) for legal status.
Until recently, the University of Oklahoma website included a page devoted to “undocumented admissions” that included 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 stated. “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 noted that illegal immigrant students were allowed to receive in-state tuition under Oklahoma law.
The OU website also stated, “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 stated that illegal immigrants “could be exempt from the requirement of living on campus.”
Ray Carter
Director, Center for Independent Journalism
Ray Carter is the director of OCPA’s Center for Independent Journalism. He has two decades of experience in journalism and communications. He previously served as senior Capitol reporter for The Journal Record, media director for the Oklahoma House of Representatives, and chief editorial writer at The Oklahoman. As a reporter for The Journal Record, Carter received 12 Carl Rogan Awards in four years—including awards for investigative reporting, general news reporting, feature writing, spot news reporting, business reporting, and sports reporting. While at The Oklahoman, he was the recipient of several awards, including first place in the editorial writing category of the Associated Press/Oklahoma News Executives Carl Rogan Memorial News Excellence Competition for an editorial on the history of racism in the Oklahoma legislature.