Saturday, November 8, 2025

Texas Bill Seeks to Repeal In-State Tuition for Undocumented Students

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Texas Lawmakers Debate Proposal to Repeal In-State Tuition for Undocumented Students

Thousands of undocumented students would no longer be eligible for in-state tuition rates at Texas’ public universities under a proposal debated Tuesday. Some lawmakers want to repeal the 2001 Texas Dream Act that allows such students to pay in-state tuition if they can show that they have lived in the state for three consecutive years before high school graduation.

Background of the Texas Dream Act

The Texas Dream Act was signed into law by former Gov. Rick Perry in 2001, making Texas the first state to extend in-state tuition to undocumented students. The law has been a model for other states, with 23 other states now offering similar provisions. The Texas business community supported the law, citing its impact on workforce development and the need to retain talent within the state.

Proposed Changes to the Law

Sen. Mayes Middleton, R-Galveston, has introduced a bill, Senate Bill 1798, which would prohibit undocumented students from paying in-state rates and bar them from any state funds from universities, including scholarships, grants, or other financial aid. Middleton argues that public funds for higher education should be reserved for U.S. citizens and that the bill would align state policy with federal law, which does not allow undocumented students to receive federal financial aid.

“Public funds for higher education, in this case, should certainly be reserved for citizens,” Middleton said. He added that the bill would ensure that financial aid is prioritized for U.S. citizens.

Impact on Undocumented Students

About 57,000 undocumented students are enrolled in Texas universities and colleges, according to the Presidents’ Alliance on Higher Education and Immigration. In 2023, more than 20,000 students, or 1.5% of all Texas college students, signed an affidavit indicating that they are non-U.S. residents who qualify for in-state tuition.

Maria Elena Dominguez, who graduated from Texas State University with a degree in bilingual education in 2007, credits the Texas Dream Act with giving her an opportunity to pursue higher education. Dominguez, who became a U.S. citizen, worked multiple jobs to afford the in-state tuition rate and now owns and operates a bilingual preschool and daycare business in Austin.

“I’ve created jobs for our community. I pay taxes. I give back to my community every single day,” she said. “My journey started with an opportunity, and now I get to give opportunities to others.

Arguments For and Against the Proposal

Former state Rep. Rick Noriega, who authored the Texas Dream Act, argued that the law has been a success and that repealing it would harm the state’s economy. Noriega said that the law helps to protect the investments made in young people and promotes workforce development.

On the other hand, some lawmakers argue that the in-state tuition rate is a subsidy for undocumented students and that it is unfair to U.S. citizens. Fran Rhodes, president of True Texas Project, an advocacy nonprofit, said that it is wrong to reward people who have broken the law by coming to the country without permission.

Other Proposals Related to Foreign-Born Students

Lawmakers also discussed other proposals related to foreign-born students, including a bill that would reserve 75% of athletic scholarships in the state’s public institutions for U.S. citizens. Dallas Democrat Sen. Royce West opposed the measures, saying that there is a pattern of making it difficult for people who are not from America to access opportunities.

Sen. Brandon Creighton, R-Conroe, who introduced the athletic scholarship bill, countered that talking about scarcity of dollars and resources is disingenuous and irresponsible.

The DMN Education Lab deepens the coverage and conversation about urgent education issues critical to the future of North Texas. The DMN Education Lab is a community-funded journalism initiative, with support from various organizations and individuals.

Conclusion

The proposal to repeal the Texas Dream Act and prohibit undocumented students from paying in-state tuition rates has sparked a heated debate. While some lawmakers argue that the law is a subsidy for undocumented students, others see it as an opportunity to promote workforce development and retain talent within the state. The outcome of this debate will have significant implications for the future of higher education in Texas and the opportunities available to undocumented students.

Frequently Asked Questions

Q: What is the Texas Dream Act?

A: The Texas Dream Act is a law that allows undocumented students to pay in-state tuition rates at public universities in Texas if they have lived in the state for three consecutive years before high school graduation.

Q: How many undocumented students are enrolled in Texas universities and colleges?

A: About 57,000 undocumented students are enrolled in Texas universities and colleges, according to the Presidents’ Alliance on Higher Education and Immigration.

Q: What are the proposed changes to the law?

A: The proposed changes would prohibit undocumented students from paying in-state rates and bar them from any state funds from universities, including scholarships, grants, or other financial aid.

Q: What are the arguments for and against the proposal?

A: The arguments for the proposal include the idea that public funds for higher education should be reserved for U.S. citizens and that the law is a subsidy for undocumented students. The arguments against the proposal include the idea that the law promotes workforce development and retains talent within the state.

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