Undocumented Students Fight to Regain In-State Tuition Rates

A group of undocumented students want to challenge the outcome of a lawsuit between the federal Department of Justice and the state of Texas that eliminated their in-state tuition rates. Students for Affordable Tuition, a coalition of undocumented students who attend public universities in Texas, asked a U.S. district judge Wednesday to let them join the suit. Doing so would let them appeal the ruling and defend the state law that grants undocumented students reduced tuition rates.

The group’s move comes a week after the federal agency sued Texas over its 2001 Dream Act, which grants undocumented students in-state tuition rates if they can show they have lived in the state for three years before high school graduation. Within hours, Texas Gov. Greg Abbott and state Attorney General Ken Paxton agreed with the federal agency that the law is unconstitutional and asked a district court to block it, which it did.

Background of the Case

Attorneys with the Mexican American Legal Defense and Educational Fund, on behalf of the students, argue the state and the DOJ used a “contrived legal challenge” to “prevent sufficient notice and robust consideration” of the Texas Dream Act, according to the Wednesday motion.

“Federal courts are public entities, and, absent extraordinary cause, federal courts undertake their work in public, with opportunity for public review and input,” said Thomas Saenz, MALDEF president and general counsel, in a release.

Saenz called last week’s agreement “an abuse of our judicial system,” adding that “those affected by the attempted invalidation have the right to be heard on the legality of the Texas Dream Act.”

Impact on Students

Without reduced in-state tuition rates for undocumented students, many members of Students for Affordable Tuition “may have to reduce their coursework, delay graduation, or withdraw from college,” according to the motion.

If the state law is eliminated, some students could see a “ninefold increase” in tuition per semester, according to the motion.

At University of Texas at Austin, in-state tuition at the College of Liberal Arts is projected to cost nearly $5,500 this fall, according to its online tuition calculator. That price tag jumps to over $21,000 for an out-of-state or international student.

One student, who has been enrolled in the University of North Texas for a master of science in clinical mental-health counseling since 2020, has been “paying her educational expenses out of pocket.”

“She cannot afford to pay out-of-state tuition and will likely be forced to drop out of her program,” the filing read.

Another student at the University of Texas Rio Grande Valley — a junior studying biomedical science and a Deferred Action for Childhood Arrivals recipient — decided to attend college in Texas because of the reduced rates.

The group says he will “almost certainly” no longer be able to attend medical school after graduation if he has to pay out-of-state or international student tuition rates.

Opposition from Federal Agency and State

The DOJ’s suit against Texas argued the Dream Act “unconstitutionally discriminates against U.S. citizens” and conflicts with federal law, which prohibits colleges from offering benefits to undocumented students unless citizens, including out-of-state residents, are also eligible.

Attorneys for the federal agency and the state opposed Students for Affordable Tuition’s request to intervene in the suit, citing that “parties have resolved the matter to final judgement and the case has been terminated,” per court filings.

Abbott’s office and Paxton’s office did not immediately respond to requests for comment over email and phone about the motion to intervene.

History of In-State Tuition for Undocumented Students

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 have similar laws.

More than 20,000 students, or 1.5% of all Texas college students, signed an affidavit in 2023 that indicated they are non-U.S. residents who qualify for in-state tuition, according to Luis Figueroa, chief of legislative affairs at the advocacy nonprofit Every Texan.

Other Actions

Last week, state House Democrats requested the Texas Higher Education Coordinating Board maintain in-state tuition rates for undocumented students who are already enrolled for the upcoming school year.

“It is especially cruel and shortsighted to apply this policy change retroactively, just weeks before the start of the 2025-26 academic year. These students made plans, accepted offers and committed to their futures in good faith,” lawmakers wrote in a letter to Wynn Rosser, commissioner of higher education.

Democrats said a “temporary grandfather provision” could provide “a critical bridge” until lawmakers can take up the issue next legislative session.

Conclusion

The decision to eliminate in-state tuition rates for undocumented students in Texas has sparked a fierce debate and a legal battle. The Students for Affordable Tuition coalition is determined to fight for their right to affordable education, and their case has the potential to impact the lives of thousands of students across the state.

Frequently Asked Questions

Q: What is the Texas Dream Act?

A: The Texas Dream Act is a state law that grants in-state tuition rates to undocumented students who have lived in Texas for at least three years before high school graduation.

Q: Why did the federal Department of Justice sue Texas over the Dream Act?

A: The DOJ argued that the Dream Act “unconstitutionally discriminates against U.S. citizens” and conflicts with federal law.

Q: How many students are affected by the elimination of in-state tuition rates?

A: More than 20,000 students, or 1.5% of all Texas college students, signed an affidavit in 2023 that indicated they are non-U.S. residents who qualify for in-state tuition.

Q: What is the potential impact on students if they lose in-state tuition rates?

A: Many students may have to reduce their coursework, delay graduation, or withdraw from college due to the significant increase in tuition costs.