The Fifth Circuit Court of Appeals denied an appeal Thursday that could have reinstated the Texas Dream Act, which previously allowed students without legal resident status to pay in-state tuition at public colleges and universities if they met certain requirements.

A federal judge originally struck down the Texas Dream Act in June 2025 after the United States Department of Justice filed a complaint, alleging the state law was illegal. The state of Texas did not defend the law in court and agreed with the DOJ’s assessment.

In response later that month, the groups Students for Affordable Tuition, Austin Community College, immigrant advocacy organization La Unión del Pueblo Entero, along with Oscar Silva, a University of North Texas student, filed a motion to intervene and defend the law. Other organizations, such as the Texas Civil Rights Project, American Civil Liberties Union of Texas and the Mexican American Legal Defense and Educational Fund filed to represent these defendants. After the motion was denied, ACC, LUPE and Silva filed an appeal to the Fifth Circuit of Appeals. 

Last month, the groups argued at the appeals court to reopen the case and lower the scrutiny regarding the case’s potential to succeed in court. Thursday, two of the three judges in the appeals court who heard the case ruled against these organizations.

“Texas and the Trump DOJ just secured another major victory for the rule of law,” Gov. Greg Abbott wrote in a Thursday post on X following the decision. “The Fifth Circuit upheld the END of in-state tuition for illegal immigrants in Texas.”

The DOJ did not respond to a request for comment.

“Education is a human right, no matter someone’s immigration status or background,” said Tania Chavez Camacho, president and executive director of LUPE, in a statement Thursday. “We are deeply disappointed in today’s ruling, but it will not deter us from continuing to advocate for equitable access to higher education for all Texans.” 

The ACC District Board of Trustees said it would work with counsel for possible next steps.

The Texas Dream Act, passed in 2001, allowed students without legal status to qualify for in-state tuition if they had resided in Texas for at least three years at the time of their high school graduation and signed an affidavit swearing their intention to obtain lawful status as soon as they could. 

There are about 73,000 undocumented higher education students across the state, according to a 2025 Higher Ed Immigration Portal report.

Had the Fifth Circuit Court of Appeals ruled in favor of the organizations, the case would have gone back to lower Texas courts and allowed arguments in favor of the act to be heard. Now, organizations must attempt an appeal to the U.S. Supreme Court to overturn the ruling and allow the Dream Act’s legality to undergo litigation. 

“Texas students and their opportunity to access a more affordable higher education have propelled our economy forward for the last two decades, and they are pivotal to our shared future,” said Rochelle Garza, the president of the Texas Civil Rights Project, in a statement. “Our state should continue to prioritize economic prosperity and access to higher education for all, regardless of citizenship status.”