Young Conservatives of Texas v. Neal Smatresk et. al

Updates

• August 4, 2023: The Fifth Circuit Court of Appeals denied rehearing en banc, with 1 judge voting in favor of rehearing and 15 against rehearing. The mandate was issued on the same day, concluding the case
• July 10, 2023: The United States Court of Appeals for the Fifth Circuit issued a decision in the case reversing the district court’s decision and finding that the challenged Texas’ tuition law does not conflict with 1996 federal law. 
• February 2023: The United States Court of Appeals for the Fifth Circuit heard oral arguments in the case.
• July 2022: The Presidents’ Alliance, along with IDRA submitted an amicus brief in support of UNT in the U.S. Court of Appeals for the Fifth Circuit

Background 

In Young Conservatives of Texas v. Neal Smatresk et. al. the University of North Texas (UNT) was sued for charging out-of-state U.S. citizens out-of-state tuition, as required by state law. 

Texas state law extends in-state tuition eligibility to undocumented students if they meet a number of requirements, including graduating from a Texas high school (or equivalent). The federal district court ruled against UNT, finding that the Texas law setting higher out-of-state tuition for U.S. citizens is preempted by a 1996 federal law. The Presidents’ Alliance agreed with UNT that the Texas state law is not preempted by the 1996 federal law. See the Presidents’ Alliance legislative recommendations regarding the 1996 IIRIRA law for additional information. 

The Presidents’ Alliance filed an amicus brief in support of UNT. The Presidents’ Alliance amicus focuses on the economic and social importance of helping all Texas students achieve a postsecondary education, the historical background and purpose of establishing higher non-resident tuition, and the devastating consequences for Texas public institutions if the district court’s ruling is upheld. The brief was drafted by Raffi Melkonian, Michael Adams-Hurta, and Ruben C. Garza at Wright Close & Barger, LLP.  

On July 20, 2023, the Fifth Circuit released its decision. In a unanimous opinion, the Court reversed the federal district court’s decision barring the University of North Texas (UNT) from collecting nonresident tuition from out-of-state students. The Court rejected the Young Conservatives of Texas (YCT) assertion that a 1996 federal immigration law preempted the challenged Texas tuition statute. 

Amicus Brief

• Presidents’ Alliance Amicus Brief

News

• Fifth Circuit July 2023 Decision