Some Texas lawmakers demand in-state tuition protections for undocumented students

Yahoo

5 hours ago

AUSTIN (KXAN) — A group of Texas lawmakers called on higher education leaders in the state to protect undocumented students' access to in-state tuition, after the state agreed to end the practice earlier this week.
On Wednesday, the Justice Department sued the state over the 2001 Texas Dream Act, which allowed those students to receive in-state tuition if they met certain qualifications. The lawsuit alleged this act violated federal law, and Texas Attorney General Ken Paxton quickly responded that his office would not contest the suit—causing the law to be repealed through a default judgment.
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In a letter sent on Friday, more than a dozen Democratic state representatives called on the Texas Higher Education Coordinating Board to create a 'provisional classification' that could allow students who previously qualified under the law to enroll this fall 'at the rate they reasonably expected.'
The letter later said, in part, 'It is especially cruel and short-sighted to apply this policy change retroactively just weeks before the start of the 2025-2026 academic year. These students made plans, accepted offers, and committed to their futures in good faith.'
The lawmakers urged the board to use its rulemaking authority to create this classification — for example, 'first-generation resident tuition' — at least temporarily. They called for the board to release guidance to institutions that would 'preserve tuition equity for students during the transition period.'
The lawmakers also noted the move would not override statute but would provide 'a critical bridge' until the Legislature could address the matter during the next legislative session in two years.
Earlier this year, during the most recent legislative session, lawmakers considered bills to repeal the Dream Act and heard hours of testimony on it, but it was left pending and failed to pass.
In 2001, the Dream Act had bipartisan support and was signed into law by Republican former Governor Rick Perry.
RELATED | Texas' undocumented college students no longer qualify for in-state tuition
In its lawsuit, the DOJ argues that a 1996 federal law, known as the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), preempts the Dream Act. Attorney General Pam Bondi called it a 'blatant violation' of the federal law.
'Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,' Bondi said. 'The Justice Department will relentlessly fight to vindicate federal law and ensure that U.S. citizens are not treated like second-class citizens anywhere in the country.'
Legal experts talked to KXAN this week about whether the move by the Trump administration and Paxton's quick agreement allowed for any way for opponents of the change to challenge the decision.
Josh Blackman, associate professor of law at South Texas College of Law, said the decision appears effectively final.
Barbara Hines, an immigration law professor who helped craft the initial Texas Dream Act, did not share Blackman's assessment that it was the end of the road for the law. She said that in previous lawsuits related to the Dream Act or Deferred Action for Childhood Arrivals program, other parties have been allowed to intervene.
RELATED | Law professors react: Texas will no longer provide in-state tuition to undocumented students
According to the Texas Higher Education Commissioner, around 19,000 students will be affected by the change.
The lawmakers' letter argued that the state stands to lose talent, which could affect the workforce and the economy.
It said, 'This is not just a moral failure, it's a strategic and economic blunder that will be felt for generations to come.'
Economic factors proved to be a driving force behind the Dream Act's passage in 2001. According to a 2015 report by The Texas Tribune, former Governor Perry said at the time, '[Texas] had a choice to make economically: Are you going to put these people in a position of having to rely upon government to take care of themselves, or are you going to let them be educated and be contributing members of society, obviously working towards their citizenship.'
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