By Emma Murphy, Oklahoma Voice
OKLAHOMA CITY — A group of immigrant students in Oklahoma, represented by a Latino civil rights group, is seeking to appeal a federal judge’s ruling that they cannot pay in-state tuition anymore.
The Trump administration’s U.S. Department of Justice in September filed a lawsuit in the U.S. District Court for the Eastern District of Oklahoma and successfully rescinded a state law that allowed in-state tuition at Oklahoma’s public colleges and universities for students without legal immigration status in select circumstances. Oklahoma’s attorney general sided with the DOJ.
The Mexican American Legal Defense and Educational Fund filed Sept. 27 in federal courtto intervene in the case on behalf of a group of students without legal status with the intent of eventually appealing the judge’s order. Attorneys argued that since the state of Oklahoma will not appeal on behalf of these students, the civil rights group must be allowed to.
A federal judge ordered the law rescinded in August and the Oklahoma State Regents for Higher Education adjusted state policy in September to comply with the change. Oklahoma higher education officials estimated the policy change would affect about 400 students in the state who will now have to pay out-of-state tuition.
The DOJ argued the state law offering in-state tuition to these students is a violation of federal law because the treatment offered to immigrants was not also extended to out-of-state U.S. citizens.
Under the now-rescinded law, students without legal status could qualify for in-state tuition if they graduated high school in the state and resided in Oklahoma for at least two years prior to graduation.
“No administration, of either party, has previously challenged these long-extant laws, which recognize that states benefit from making higher education available to all students who grew up in their communities,” said Thomas Saenz, president and general counsel for the Latino civil rights group, in a statement. “The current assault on such equity has no basis in the law, and the assault is even more troubling when political collusion leads to requests to end these longstanding state laws on the very day the case is filed by the federal government.”
The civil rights group, along with the Tulsa-based firm Lizama Law, represent Oklahoma Students for Affordable Tuition, a group of college students without legal immigration status.
The groups argued that the policy allowing these immigrants in-state tuition was in place for over two decades.
In a court filing, attorneys offered examples of three affected students who will not be able to afford tuition that is suddenly thousands of dollars more than expected, forcing them to either take out loans or end their education, according to a news release.
“This is another lawsuit that is part of a disturbing pattern where the federal government seeks to punish states for making higher education accessible to undocumented students,” said attorney Fernando Nuñez in a statement. “Oklahoma’s decision to capitulate not only abandons our clients but also undermines the state’s investment in their talent and future contributions to their communities.”
Oklahoma Attorney General Gentner Drummond said his office will oppose “any attempt to reopen a case that has been properly concluded or to undermine the rule of law.”
“The State of Oklahoma has already resolved this matter in federal court through a lawful consent judgment that upholds fairness to all students,” he said in a statement. “The U.S. District Court correctly found that providing in-state tuition rates to those in the country illegally violated federal law. This latest filing by an outside group has no bearing on that sound decision.”
Proceedings in this case are on hold until Congress reopens the federal government and appropriations are restored to the DOJ, according to the case docket.
