Texas Directs Public Universities to Identify Undocumented Students
Texas is asking public colleges and universities to identify which of their students are living in the country illegally. This is so they can start paying out-of-state tuition, as required by a court ruling earlier this month. In a letter to college presidents, Texas Higher Education Coordinating Board Commissioner Wynn Rosser said undocumented students who have been paying in-state tuition will need to see tuition adjustments for the fall semester.
Background on the Issue
Undocumented students who have been living in Texas for some time lost their eligibility for in-state tuition soon after the U.S. Department of Justice sued the state over the Texas Dream Act. The Texas Dream Act was a 2001 state law that allowed those students to qualify for the lower tuition rates at public universities. The state quickly asked the court to side with the feds and find that the law was unconstitutional. U.S. District Judge Reed O’Connor did just that, blocking the law.
Challenges in Identifying Undocumented Students
It’s unclear if any Texas university already knows which of its students are undocumented. Students do not have to provide proof of citizenship or disclose their Social Security number to apply for college. And colleges rarely track the citizenship status of students who are not here on a visa. "There is not a simple way for an institution to determine if a person is undocumented," said Melanie Gottlieb, the executive director of the American Association of Collegiate Registrars and Admissions Officers. "It’s a challenging question."
Potential Impact on Students
The state already maintains some higher education databases that likely include undocumented students attending Texas schools. The Texas Dream Act required students who are not U.S. citizens or permanent residents applying for in-state tuition to sign an affidavit saying they would seek lawful permanent residency as soon as they become eligible. Undocumented students have often applied for state financial aid since they do not qualify for federal financial aid. Getting information from students about their immigration status will likely change the landscape of applying to college.
Concerns About Student Data and Privacy
Federal privacy law prohibits schools from sharing students’ data, including their immigration status, with federal immigration authorities. Those privacy protections cannot be waived on the basis of a student’s undocumented status alone. Before schools take away a student’s in-state tuition eligibility over their immigration status, the student should also get a chance to appeal in a due process hearing with school officials and explain their circumstances.
Uncertainty for Students
As schools scramble to figure out what compliance looks like, thousands of students are still wondering what the directive will mean for them. "That just leaves a lot of students in limbo," said Kasey Corpus, the southern policy and advocacy manager of Young Invincibles. "How are they going to come up with a way to find scholarships or grants or come up with that money to make up the difference if they are going to be held to those rule changes? Or for some students, they might be thinking, ‘Am I going to have to totally just switch schools or drop out?’"
Conclusion
The new directive from Texas has created uncertainty and concern among undocumented students in the state. As colleges and universities work to identify these students and adjust their tuition, it’s essential to consider the potential impact on their education and well-being. The situation highlights the need for clear guidance and support for students affected by the change. With the fall semester approaching, students and schools are waiting for more information on how the new policy will be implemented.
