Texas Ends In-State Tuition for Undocumented Students, Sparking Legal Battle and National Debate
ICARO Media Group
### Texas Ends In-State Tuition for Undocumented Students, Reversing 2001 Texas Dream Act
Texas has revoked the eligibility for undocumented students to receive in-state tuition rates at public universities, effectively dismantling a policy that has been in place since 2001. The Texas Dream Act, which once set a precedent in the nation, permitted these students to qualify for reduced tuition if they had resided in Texas for at least three years prior to graduating from high school.
The change came swiftly after the Department of Justice (DOJ) launched a lawsuit against Texas on the grounds that the law discriminated against U.S. citizens by offering benefits to undocumented students that were not available to all American citizens. Texas Governor Greg Abbott and Attorney General Ken Paxton agreed with the DOJ's position and sought a court ruling to declare the Texas Dream Act unconstitutional. U.S. District Judge Reed O'Connor sided with the federal agency and blocked the enforcement of the law.
Attorney General Ken Paxton described the end of the Texas Dream Act as a significant triumph for the state, labeling the previous provision as unconstitutional and discriminatory against U.S. citizens. The DOJ argued that the practice conflicted with federal regulations which prohibit offering benefits to undocumented students unless they are equally available to all U.S. citizens, including those from out-of-state.
Former state Representative Rick Noriega, who authored the original 2001 legislation, stated that the Texas Dream Act was not based on students' legal immigration status but their residency in Texas. The requirements for undocumented students were already more stringent compared to other residents, necessitating three years of residency before qualifying for in-state tuition.
The lawsuit followed President Donald Trump's directive that all federal agencies ensure taxpayer-funded benefits do not go to undocumented immigrants and to challenge state laws that favor them. This policy shift has reignited debates within the Texas legislature, where several attempts to repeal the Texas Dream Act have been made, including a recent bill introduced by Sen. Mayes Middleton, R-Galveston, which did not advance.
The discontinuation of the Texas Dream Act has significant implications, with around 57,000 undocumented students currently enrolled in Texas higher education institutions. According to the American Immigration Council, the state could potentially lose up to $461 million annually in earnings and spending power if these students lose their in-state tuition benefits.
Supporters of the now-overturned law, such as Noriega and other educational advocates, argue that the policy was crucial for the economic and social development of Texas. They maintain that it allowed students to overcome financial barriers to higher education, contributing positively to the state's workforce and economy.
However, opponents point out that the financial advantages granted to undocumented students amount to an estimated $150 million in subsidies, suggesting that these funds could instead support lawful residents and potentially reduce tuition and fees for citizens.
As the debate continues, the revocation of the Texas Dream Act marks a turning point, reflecting broader national discussions around immigration policies and educational opportunities for undocumented individuals.