The Texas Dream Act: A Law Under Fire

The Texas Dream Act, a law that allowed students without legal immigration status to pay in-state tuition at public colleges and universities in Texas, has been blocked by a federal judge. This decision has left thousands of students uncertain about their tuition costs for the upcoming fall semester.

What is the Texas Dream Act?

The Texas Dream Act was signed into law in 2001 by then-Gov. Rick Perry. It allowed students who graduated from a Texas high school and completed at least three years of high school in the state to pay in-state tuition, regardless of their immigration status. To qualify, students had to sign an affidavit pledging to apply for permanent residency once eligible. The law was the first of its kind in the nation, and since then, 23 other states have enacted similar laws.

The Lawsuit and Ruling

In June, the U.S. Department of Justice sued the state of Texas, arguing that the Texas Dream Act was unconstitutional. Texas Attorney General Ken Paxton agreed to a consent judgment, and U.S. District Judge Reed O’Connor approved the judgment, blocking the law within six hours. Paxton stated that the law "unlawfully gave benefits to illegal aliens that were not available to American citizens." However, critics argue that this decision will harm thousands of students who have grown up in Texas and are now facing uncertainty about their educational future.

The Impact on Students

Starting this fall, many Texas students without legal status will have to pay out-of-state tuition, which can be three times higher than in-state rates. According to Every Texan, a nonprofit policy research and advocacy organization, the Texas Dream Act affected over 20,000 students in Texas in 2021. For students like Oscar Silva, a graduate accounting student at the University of North Texas, the loss of the Texas Dream Act would mean paying double the tuition they currently pay. Silva, who moved to Texas when he was a year old and has lived in the state his whole life, said that the Texas Dream Act has been a "lifeline" to him, allowing him to afford college.

The Fight to Restore the Law

A coalition of Texas civil rights groups, including the American Civil Liberties Union of Texas, the Texas Civil Rights Project, and the National Immigration Law Center, has filed several motions to defend the law. They are representing La Unión del Pueblo Entero, the Austin Community College District’s Board of Trustees, and college graduate student Oscar Silva. The coalition is asking the court to reconsider and void the previous ruling, as well as to reinstate the Dream Act temporarily while the lawsuit proceeds. They have requested an expedited ruling by July 11 due to looming tuition deadlines.

The Uncertain Future

The court’s decision will have a significant impact on the lives of thousands of students in Texas. If the law is not reinstated, many students may be forced to drop out of college due to the high cost of out-of-state tuition. David Donatti, senior staff attorney at the ACLU of Texas, emphasized that these students are not just statistics, but individuals who are part of their communities and are working to build a better future for themselves. The ACLU also highlighted that higher-educated immigrants earn higher salaries and contribute to tax revenues, and that without the law, Texas’ economy would lose over $461 million annually.

Conclusion

The Texas Dream Act has been a vital law for thousands of students in Texas, providing them with access to affordable higher education. The recent ruling blocking the law has left these students facing an uncertain future. The coalition of civil rights groups is fighting to restore the law, and their efforts will determine the fate of thousands of students in Texas. As Oscar Silva said, "I don’t know what I would do after that. For the longest time, my education has been the only thing that I’ve been able to hold on to in terms of building a future for myself." The outcome of this lawsuit will have far-reaching consequences for the lives of these students and the future of Texas.