Oklahoma In-State Tuition Battle: What Undocumented Students Need to Know

Major Changes to Oklahoma’s In-State Tuition Law

A significant legal development is affecting hundreds of undocumented students in Oklahoma who came to the United States as children. In August 2025, a federal court “settlement” struck down Oklahoma’s 22-year-old law that allowed certain undocumented immigrants to pay in-state tuition rates at Oklahoma colleges and universities.

The Legal Background

For over two decades, Oklahoma law permitted undocumented immigrants to receive in-state tuition rates if they met specific requirements that were actually more stringent than those for U.S. citizens. To qualify, students had to:

  • Graduate from an Oklahoma high school
  • Live in Oklahoma for at least two years before graduating
  • Be in the process of becoming a naturalized citizen or agree to obtain legal status after finishing their degree

This changed when the federal government, under the Trump administration, sued Oklahoma to overturn the law. In an unusual legal move, Oklahoma Attorney General Gentner Drummond sided with the federal government, agreeing the state law should be eliminated. Because both parties agreed, the court quickly ruled the law unconstitutional without a formal trial.

The Impact on Students

Approximately 400 students have been affected by this ruling. The financial impact is substantial—students are now being charged much higher tuition rates, adding thousands of dollars to their education costs. Three students fighting the ruling are facing:

  • An additional $7,000-$7,800 per semester in tuition
  • Potential delays in completing their degrees
  • The need to take out high-interest loans to continue their education

Many of these students are in their final years of study and made educational decisions based on the promise of affordable in-state tuition.

Current Legal Challenge

A group called Oklahoma Students for Affordable Tuition has asked the federal court to allow them to intervene in the case and appeal the ruling to the 10th U.S. Circuit Court of Appeals. Their legal team, represented by the Mexican American Legal Defense and Educational Fund, argues that:

  1. The court wasn’t fully informed about the consequences to affected students before making its decision
  2. There are questions about whether proper due process was followed
  3. They disagree with the conclusion that federal law preempts Oklahoma’s state law

The Federal Government’s Position

The Trump administration’s case is based on executive orders emphasizing that governments should not provide greater benefits to individuals unlawfully present in the United States than to American citizens. The case also cites federal law that prohibits unlawfully present aliens from receiving education benefits not offered to citizens.

What This Means for Affected Students

If you or a family member is an undocumented student currently enrolled in an Oklahoma university, or planning to attend, it’s important to understand:

  • In-state tuition rates are no longer available to undocumented students, even those who graduated from Oklahoma high schools
  • The case is ongoing, with students attempting to appeal the ruling
  • DACA recipients are also affected by this decision, as they are still considered undocumented immigrants
  • Financial planning is critical, as tuition costs may be two to three times higher than previously anticipated

Looking Ahead

The case may be delayed due to the current government shutdown, which will likely pause proceedings until Congress passes an appropriations bill. However, the legal battle is far from over, and affected students should monitor developments closely. I believe that if the students are allowed to challenge the “settlement” entered into by the Oklahoma Attorney General that the 10th Circuit Court of Appeals will rule in their favor.