Federal Judge Blocks Texas Law Allowing In-State Tuition for Undocumented Students
A federal judge in Texas has blocked a law that allowed undocumented students to pay in-state tuition at public colleges and universities. The law, which was passed in 2001, enabled students without legal residency to qualify for reduced tuition rates if they met certain residency criteria.
Background of the Law
The law was intended to help "Dreamers," or young adults without legal status, access higher education. To qualify, students had to have lived in Texas for at least three years before graduating from high school and sign an affidavit promising to apply for legal residency as soon as possible. The law was seen as a way to boost the state’s economy by creating a better-educated and better-prepared workforce.
The Lawsuit and Ruling
The Justice Department sued to block the tuition policy, arguing that it was unconstitutional and invalid. U.S. District Judge Reed O’Connor ruled in favor of the lawsuit, stating that the law as applied to someone "not lawfully present in the United States … (is) unconstitutional and invalid." The ruling only applies to Texas, but it could prompt conservatives to challenge similar laws in other states.
Reaction to the Ruling
Texas Attorney General Ken Paxton supported the lawsuit, saying that "ending this discriminatory and un-American provision is a major victory for Texas." However, critics of the ruling argue that it will hurt the state’s economy and deny educational opportunities to thousands of students who have grown up in Texas. Luis Figueroa of Every Texan, a left-leaning public policy group, said that "targeted attacks on Texas students who are seeking an affordable college education, led by the Trump administration, won’t help anyone, they only hurt us all."
Impact on Students
The difference in tuition rates is substantial, with in-state tuition at the University of Texas at Austin costing around $11,000 per year, compared to $41,000 for out-of-state students. The law allowed around 57,000 undocumented students to attend public colleges and universities in Texas at a reduced rate. The ruling will likely make it difficult for these students to afford higher education, and could lead to a decline in the number of students pursuing college degrees.
Conclusion
The ruling blocking the Texas law allowing in-state tuition for undocumented students is a significant setback for advocates of education access for all. The law was seen as a way to boost the state’s economy and provide opportunities for students who have grown up in Texas, regardless of their immigration status. The ruling will likely have far-reaching consequences, not just for Texas, but for other states with similar laws. As Judith Cruz, Assistant Director for the Houston Region for EdTrust in Texas, said, "ending Texas’s in-state tuition policy is a direct attack on the educational aspirations of thousands of students who have grown up in our communities and call Texas home."
