Department of Justice Sues Texas Over In-State Tuition for Undocumented Students
The Department of Justice is suing Texas, arguing a state law that grants thousands of undocumented students in-state tuition rates at public universities “unconstitutionally discriminates against U.S. citizens.”
The lawsuit seeks 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.
Department of Justice officials say 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.
“The Justice Department will relentlessly fight to vindicate federal law and ensure that U.S. citizens are not treated like second-class citizens anywhere in the country,” Attorney General Pam Bondi said in a Wednesday release.
Background of the Texas Dream Act
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.
State lawmakers attempted to repeal the law this legislative session. Sen. Mayes Middleton, R-Galveston, who introduced a bill to do so, 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.
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.
Support for the Texas Dream Act
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.
“The pathway is still a higher bar [for undocumented students] than any U.S. citizen for the purpose of paying the in-state tuition rate,” Noriega said.
Impact on Undocumented Students
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.
“If a U.S. citizen from Nebraska moved to Texas and was here for one year, they would get the in-state rates,” he said.
About 57,000 undocumented students are enrolled in Texas universities and colleges, according to the Presidents’ Alliance on Higher Education and Immigration, a nonpartisan nonprofit group of university leaders focused on immigration policy.
Economic Impact
In 2023, more than 20,000 students, or 1.5% of all Texas college students, signed an affidavit that indicated they are non-U.S. residents who qualify for in-state tuition, Figueroa told lawmakers at an April state Senate committee hearing on a proposal to repeal the law.
At the hearing, Noriega said the law “has been a model for other states, be they red, be they blue, because it helps us to protect the investments that we’ve made in our young people, watering the roots for the future of our state.”
He said the Texas business community supported the law for its impact on “workforce development.”
“We didn’t want to be importing talent into our state for these critical jobs,” he said.
Texas could lose as much as $461 million every year in earnings and spending power if residency requirements are changed, according to a 2023 estimate from the American Immigration Council.
Previous Attempts to Repeal the Law
But Texas’ undocumented students received “in-state tuition benefits that resulted in an estimated $150 million in subsidies” this school year, Middleton said at the April hearing without detailing what that figure included.
“These are funds that could have been used to support lawful residents, perhaps even used to lower tuition or fees for citizens,” he added.
Texas lawmakers have tried to repeal in-state tuition for undocumented students multiple times over the past two decades. They introduced similar bills last session, which were referred to committees but never received hearings.
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.
Conclusion
The Department of Justice’s lawsuit against Texas over in-state tuition for undocumented students is a complex issue with various arguments and perspectives. While some argue that the law discriminates against U.S. citizens, others believe it helps to level the playing field for undocumented students and contributes to the state’s workforce and economy.
The outcome of the lawsuit will have significant implications for the thousands of undocumented students enrolled in Texas universities and colleges. It is essential to consider the potential consequences of repealing the law, including the economic impact and the effects on the state’s workforce development.
Frequently Asked Questions
What is the Texas Dream Act?
The Texas Dream Act is a state law that allows undocumented students to pay in-state tuition at public universities if they have lived in the state for three consecutive years before high school graduation and sign an affidavit indicating they intend to apply for permanent resident status as soon as they are able.
Why is the Department of Justice suing Texas?
The Department of Justice is suing Texas because it argues that the state law granting in-state tuition to undocumented students “unconstitutionally discriminates against U.S. citizens.”
How many undocumented students are enrolled in Texas universities and colleges?
About 57,000 undocumented students are enrolled in Texas universities and colleges, according to the Presidents’ Alliance on Higher Education and Immigration.
What is the potential economic impact of repealing the law?
Texas could lose as much as $461 million every year in earnings and spending power if residency requirements are changed, according to a 2023 estimate from the American Immigration Council.
