Undocumented Immigrants in Texas No Longer Eligible for In-State Tuition
Undocumented immigrants in Texas are no longer eligible to receive in-state tuition from public universities following an agreement between Gov. Greg Abbott, the U.S. Department of Justice, and Attorney General Ken Paxton’s office Wednesday.
The decision reverses a state law enacted nearly 25 years ago that had extended in-state tuition to undocumented students.
Abbott said in an X social media post on Wednesday that “in-state tuition for illegal immigrants in Texas has ended,” with a screen shot of a lawsuit filed on Wednesday attached to the post.
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Background Information
Here’s what to know about college tuition, undocumented immigrants, and the DOJ’s lawsuit against the state. The lawsuit sought to block state officials from applying the 2001 Texas Dream Act, which allows undocumented students to pay in-state tuition if they can show they have lived in the state for three consecutive years before high school graduation.
They also must sign an affidavit indicating they intend to apply for permanent resident status as soon as they are able. DOJ officials argued that the law “unconstitutionally discriminates against U.S. citizens.” They also said the practice conflicts with federal law, which prohibits colleges from offering benefits to undocumented students unless citizens, including out-of-state residents, are also eligible.
Why was Texas being sued?
The lawsuit comes after President Donald Trump ordered all agencies to ensure no taxpayer-funded benefits go to undocumented immigrants and block state laws that “favor” them. The Texas Dream Act was enacted in 2001 to provide in-state tuition to undocumented students who meet certain requirements.
The law was intended to help undocumented students who have lived in Texas for most of their lives to pursue higher education and contribute to the state’s economy. However, the DOJ argued that the law is unconstitutional and discriminates against U.S. citizens.
What was the agreement between the DOJ, AG, and Abbott?
Hours after the lawsuit was filed, Abbott and Paxton agreed with the federal agency and asked a district court to find the practice, known as the Texas Dream Act, unconstitutional. U.S. District Judge Reed O’Connor ruled it was, effectively blocking state officials from applying the law.
“Today, I entered a joint motion along with the Trump Administration opposing a law that unconstitutionally and unlawfully gave benefits to illegal aliens that were not available to American citizens,” Paxton said in a news release. “Ending this discriminatory and un-American provision is a major victory for Texas.”
History of the Texas Dream Act
Texas was the first state to extend in-state tuition to undocumented students when former Gov. Rick Perry signed the bipartisan measure into law in 2001. State leaders then highlighted such students’ contributions to the state’s workforce and economy. Now, 23 other states offer the same.
Former state Rep. Rick Noriega, D-Houston, who authored the Texas Dream Act, said he aimed to “level the playing field” for undocumented high school students who “hit a brick wall, which is the financial wall, to better their education and achieve their dreams.”
The law is tied to students’ residency in the state, not their legal immigration status, he said. Citizens, permanent residents, or international students with a visa are eligible for in-state tuition if they have lived in Texas for at least a year, compared to three years for undocumented students.
Impact of the Law
Luis Figueroa, chief of legislative affairs at the advocacy nonprofit Every Texan, said state law does not grant undocumented students any type of benefit that is not available to any other Texas U.S. citizen or Texas legal permanent resident.
The law has been beneficial to many undocumented students who have been able to pursue higher education and contribute to the state’s economy. However, the agreement between the DOJ, AG, and Abbott has put an end to this benefit, leaving many students uncertain about their future.
Previous Challenges to the Law
State lawmakers have repeatedly tried to repeal the law over the last two decades. Sen. Mayes Middleton, R-Galveston, who introduced a bill to do so this legislative session, argued that any financial aid in Texas colleges and universities should be prioritized for U.S. citizens. That bill did not make it to the Senate floor.
In 2022, the Texas Public Policy Foundation, on behalf of the Young Conservatives of Texas student group, sued the University of North Texas for charging out-of-state Americans higher tuition than undocumented students who live in the state. A U.S. district judge ruled the state law was unconstitutional before an appeals court reversed that ruling in 2023, allowing the school to continue its tuition policies.
What Comes Next?
At this point, we don’t know. It remains to be seen what supporters of the original law will do or if they will try to challenge the agreement the state made with the DOJ.
The decision has sparked controversy and debate, with many arguing that it is unfair to undocumented students who have lived in Texas for most of their lives. Others argue that the law is unconstitutional and that the decision is a victory for Texas.
Conclusion
The agreement between the DOJ, AG, and Abbott has put an end to the Texas Dream Act, leaving many undocumented students uncertain about their future. The decision has sparked controversy and debate, with many arguing that it is unfair to undocumented students who have lived in Texas for most of their lives.
As the situation continues to unfold, it is essential to stay informed about the latest developments and to consider the impact of the decision on undocumented students and the state’s economy.
Frequently Asked Questions
Q: What is the Texas Dream Act?
A: The Texas Dream Act is a state law that allows undocumented students to pay in-state tuition if they can show they have lived in the state for three consecutive years before high school graduation.
Q: Why was Texas being sued?
A: The lawsuit sought to block state officials from applying the Texas Dream Act, which the DOJ argued is unconstitutional and discriminates against U.S. citizens.
Q: What was the agreement between the DOJ, AG, and Abbott?
A: The agreement effectively blocked state officials from applying the Texas Dream Act, ending the benefit of in-state tuition for undocumented students.
Q: What comes next?
A: It remains to be seen what supporters of the original law will do or if they will try to challenge the agreement the state made with the DOJ.
Q: How will this decision affect undocumented students?
A: The decision will likely have a significant impact on undocumented students who have been able to pursue higher education and contribute to the state’s economy. Many students are now uncertain about their future and are looking for alternative options.
