Fifth Circuit declines appeal that sought to revive Texas Dream Act

July 11, 2026

The Fifth Circuit Court of Appeals on Thursday rejected an appeal that could have reopened the Texas Dream Act, a law that allowed some students without lawful immigration status to qualify for in-state tuition at public colleges and universities. The appeal sought to reverse a June 2025 ruling that invalidated the law.

A federal judge struck down the Dream Act in June after the U.S. Department of Justice filed a complaint challenging the statute. The state of Texas did not defend the law in that litigation, and it agreed with the Justice Department's position.

After the state declined to defend the statute, Students for Affordable Tuition, Austin Community College, immigrant advocacy group La Unión del Pueblo Entero, and University of North Texas student Oscar Silva moved to intervene to defend the law. Civil rights organizations including the Texas Civil Rights Project, the ACLU of Texas and the Mexican American Legal Defense and Educational Fund filed to represent those intervenors.

A motion to intervene was denied in the trial court, and ACC, LUPE and Silva appealed that denial to the Fifth Circuit. Last month the groups argued before the appeals court for a lower showing to reopen the case and allow the Dream Act's legality to be litigated. On Thursday, two of the three judges who heard the appeal ruled against them.

The ruling means the case will not return to the lower court for arguments defending the statute unless the appeals court order is overturned. Advocates now face the prospect of asking the U.S. Supreme Court to review the decision if they want the Dream Act relitigated at the trial level.

The Texas Dream Act, first enacted in 2001, allowed students who had lived in Texas for at least three years at the time of high school graduation and who signed an affidavit saying they intended to seek lawful status to pay in-state tuition. A 2025 Higher Ed Immigration Portal report estimates roughly 73,000 undocumented students are enrolled in higher education across Texas.

Following the appeals court decision, Governor Greg Abbott posted that the ruling upheld the end of in-state tuition for undocumented immigrants. Tania Chavez Camacho, president and executive director of LUPE, said the group was deeply disappointed and that the ruling would not stop their advocacy for equitable access to higher education. The ACC District Board of Trustees said it would work with counsel on possible next steps. Rochelle Garza, president of the Texas Civil Rights Project, urged continued prioritization of access to higher education for all residents.