Community College and Advocacy Groups Seek to Reinstate In-State Tuition for Undocumented Students

A community college and various advocacy groups want Texas’ in-state tuition for undocumented students reinstated, according to a motion filed late Tuesday from them as they seek to join a federal lawsuit over the Dream Act.

The Austin Community College District joined University of North Texas student Oscar Silva and La Unión del Pueblo Entero, an advocacy group for the low-income community in the Rio Grande Valley, in asking a federal judge to intervene in the case.

The legal action comes just days after Texas officials instructed public colleges and universities to identify undocumented students to charge them out-of-state tuition beginning in the fall semester.

The Background of the Case

“If Attorney General (Ken) Paxton will not defend Texans, we will,” said Skye Perryman, president and CEO of Democracy Forward, one of the nonprofit legal organizations filing Tuesday’s motion. “We are committed to ensuring that this cynical move is opposed, to defending the Texas Dream Act, and to supporting the courage of our clients.”

The U.S. Department of Justice recently 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.

Shortly after the federal action, Gov. Greg Abbott and Paxton agreed with the agency, saying the law is unconstitutional. U.S. District Judge Reed O’Connor concurred and blocked state officials from applying the law.

The Impact on Students

Without the law in place, some students would see a massive increase in their tuition payments.

At Austin Community College, for example, in-district tuition for 12 credits, which is typically a semester’s worth of classes, would cost $1,020, according to its tuition table. But for an out-of-state or international student, that price tag rises to over $4,000.

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.

The History of the Dream Act

This shift in policy comes more than two decades after Texas became the first state to extend in-state tuition to undocumented students. Texas’ bipartisan push led 23 other states to pass similar laws.

Officials from the groups in Tuesday’s legal filing said they want the chance to defend the constitutionality of the Texas Dream Act and ultimately restore it.

They requested to join the lawsuit between the DOJ and Texas as a defendant and asked the court to find the Dream Act constitutional.

The Response from Colleges and Universities

Austin Community College trustees voted Saturday to join the lawsuit to “gain clarity” about the repeal, citing concerns that ending the law will impact the college’s ability to meet workforce needs. Over 400 ACC students are impacted by the repeal, according to the motion.

“Employers and taxpayers are looking to community colleges to produce a sufficient number of highly skilled graduates to meet workforce needs,” Sean Hassan, chair of the ACC board, said in a release. “If legislation or court decisions will impact our ability to meet these expectations, we should have a seat at the table to help shape responsible solutions.”

ACC expects a “direct loss of hundreds of thousands of dollars” if the repeal stands, the motion read.

The Potential Consequences

If the Texas Dream Act is not restored, Silva, an undocumented student at UNT studying economics and accounting, will likely be unable to graduate with a bachelor’s and master’s degree next spring, according to court filings.

Silva, who grew up in Texas, is enrolled for the fall semester, according to the motion. He cannot afford out-of-state tuition on his wife’s teacher salary and summer job and would likely have to give up his plan to work in Texas after graduation, the filing argued.

Texas could lose as much as $461 million every year in earnings and spending power if in-state tuition for undocumented students was repealed, according to a 2023 estimate from the American Immigration Council.

The DMN Education Lab deepens the coverage and conversation about urgent education issues critical to the future of North Texas.

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Conclusion

The repeal of in-state tuition for undocumented students in Texas has sparked a wave of controversy and concern among students, colleges, and advocacy groups. The Austin Community College District and other groups have filed a motion to join a federal lawsuit and defend the constitutionality of the Texas Dream Act. The outcome of this case will have significant implications for the future of education and the economy in Texas.

Frequently Asked Questions

Q: What is the Texas Dream Act?

A: The Texas Dream Act is a law that grants undocumented students in-state tuition rates if they can show they have lived in the state for three years before high school graduation.

Q: Why was the law repealed?

A: The law was repealed after the U.S. Department of Justice sued Texas, arguing that the law “unconstitutionally discriminates against U.S. citizens” and conflicts with federal law.

Q: What are the potential consequences of the repeal?

A: The repeal could lead to a significant increase in tuition payments for undocumented students, potentially forcing them to drop out of college. It could also have a negative impact on the economy, with Texas potentially losing $461 million in earnings and spending power each year.

Q: What is the next step in the case?

A: The Austin Community College District and other groups have filed a motion to join the federal lawsuit and defend the constitutionality of the Texas Dream Act. The court will review the motion and determine the next steps in the case.