Introduction to the Issue
A group of undocumented students has asked a judge to allow them to challenge a sudden loss of in-state tuition, which was revoked after the U.S. Department of Justice sued Texas over its 24-year-old law. This law had allowed undocumented Texans who had lived in the state for three years and graduated from a Texas high school to qualify for lower tuition rates at public universities.
Background of the Law
The law, which has been in effect since 2001, grants in-state tuition to anyone who has been living in the state for three years and graduated from a Texas high school. All students who claim this benefit must sign an affidavit saying they intend to become U.S. citizens as soon as they are able; many of them are here as part of the Deferred Action for Childhood Arrivals program.
The Lawsuit and Its Aftermath
The quick turnaround in the lawsuit – the whole lawsuit was resolved in less than six hours – represents a "contrived legal challenge designed to prevent sufficient notice and robust consideration," lawyers for these students argued in their motion. The Justice Department and the Texas attorney general’s office oppose the motion on the grounds that the matter has been resolved and the case is terminated, court documents say.
The Students’ Plea
The people who are most impacted by a lawsuit typically have a right to have their voices heard on a case, said David Coale, a Dallas appellate attorney. Getting the judge to agree to reopen might be a tough sell, he said, but if they’re denied, they could appeal that ruling and the rest of the case alongside it, to the 5th U.S. Circuit Court of Appeals. The students are represented by the Mexican American Legal Defense and Educational Fund, which said in a press release that the abrupt overturning of the law has left students scrambling.
Human Impact of the Law’s Reversal
The motion lays out the human impact of the law’s sudden reversal – a man who is reconsidering his plans to go to medical school in Texas; a woman who will have to drop out of her master’s program, where she was studying to become a counselor; a teacher-in-training who will have to delay her plans to graduate and begin working. "What happened last week – the invalidation of longstanding state law in the course of one afternoon – was an abuse of our judicial system," said MALDEF President Thomas A. Saenz.
Conclusion
The undocumented students’ plea to intervene in the case is a crucial step in their fight to overturn the ruling and reinstate the in-state tuition law. As the case moves forward, it will be important to consider the human impact of the law’s reversal and the potential consequences for the students who are affected. The outcome of this case will have significant implications for the future of undocumented students in Texas and their ability to access higher education.
