Texas' undocumented college students no longer qualify for in-state tuition
TEXAS (The Texas Tribune)– Undocumented students in Texas are no longer eligible for in-state tuition after Texas agreed Wednesday with the federal government's demand to stop the practice.
The abrupt end to Texas' 24-year-old law came hours after the U.S. Department of Justice announced it was suing Texas over its policy of letting undocumented students qualify for lower tuition rates at public universities. Texas quickly asked the court to side with the feds and find that the law was unconstitutional and should be blocked, which U.S. District Judge Reed O'Connor did.
Texas Attorney General Ken Paxton claimed credit for the outcome, saying in a statement Wednesday evening that 'ending this discriminatory and un-American provision is a major victory for Texas,' echoing the argument made by Trump administration officials.
'Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,' U.S. Attorney General Pam Bondi said in a statement Wednesday. '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.'
The Justice Department filed its lawsuit in the Wichita Falls division of the Northern District of Texas, where O'Connor hears all cases. O'Connor, appointed by President George W. Bush, has long been a favored judge for the Texas attorney general's office and conservative litigants.
Texas began granting in-state tuition to undocumented students in 2001, becoming the first state to extend eligibility. A bill to end this practice advanced out of a Texas Senate committee for the first time in a decade this year but stalled before reaching the floor.
The measure, Senate Bill 1798, would have repealed the law, and also required students to cover the difference between in- and out-of-state tuition should their school determine they had been misclassified. It would have allowed universities to withhold their diploma if they don't pay the difference within 30 days of being notified and if the diploma had not already been granted.
Republican Sen. Mayes Middleton of Galveston authored the legislation, which would have prohibited universities from using any money to provide undocumented students with scholarships, grants or financial aid. It would have also required universities to report students whom they believe had misrepresented their immigration status to the attorney general's office and tied their funding to compliance with the law.
Responding to the filing Wednesday, Middleton wrote on social media that he welcomed the lawsuit and hoped the state would settle it with an agreement scrapping eligibility for undocumented migrants.
Middleton is running for attorney general in next year's GOP primary, as incumbent Ken Paxton vacates the seat to run for the U.S. Senate.
The House contemplated similar legislation to Middleton's bill. Under House Bill 232 by state Rep. Cody Vasut, R-Angleton, undocumented students 18 or older would have been required to provide proof that they had applied to become a permanent U.S. resident to be eligible for in-state tuition. That measure also died in committee.
To qualify for in-state tuition under the law that was struck down Wednesday, undocumented students must have lived in the state for three years before graduating from high school and for a year before enrolling in college. They must also sign an affidavit stating they will apply for legal resident status as soon as they can.
Texas Higher Education Commissioner Wynn Rosser told lawmakers on the Senate Finance Committee earlier this year that about 19,000 undocumented students have signed that affidavit.
Sen. Charles Schwertner, R-Georgetown, pressed Rosser to provide more information about students who had signed affidavits, including how many receive financial aid from the state. Rosser said he was unsure.
'We have a constitutional duty regarding K-12, but higher education does not have that duty regarding funding of non-citizens,' Schwertner said. 'From a policy perspective, if we're for big, strong, secure borders and walls, then we should also be looking on the back end of what we incentivize, or not incentivize, individuals that are coming across our borders illegally against federal law and state law.'
Before Wednesday's ruling, Texas was one of 24 states, including the District of Columbia, to offer in-state tuition to undocumented students, according to the Higher Ed Immigration Portal.
This issue has come before the courts before. In 2022, a district court ruled that federal law prevented the University of North Texas from offering undocumented immigrants an educational benefit that was not available to all U.S. citizens. The 5th U.S. Circuit Court of Appeals threw out that case on procedural grounds, but noted there likely were 'valid preemption challenges to Texas' scheme.' Trump administration lawyers repeatedly cited that finding throughout Wednesday's filing.
'States like Texas have been in clear violation of federal law on this issue,' said Robert Henneke, executive director and general counsel at the Texas Public Policy Foundation, the conservative think tank that brought the 2022 lawsuit. 'If anything, it's surprising that this wasn't brought earlier.
Don Graham, a co-founder of TheDream.US, the largest scholarship program for undocumented students, said these young people already face significant hurdles to get to college. They cannot access federal grants and loans, so legal action to rescind in-state tuition could prevent them from completing or enrolling in college altogether, he noted.
'It'll mean that some of the brightest young students in the country, some of the most motivated, will be denied an opportunity for higher education,' Graham said. 'And it'll hurt the workforce, it'll hurt the economy.'
Hundreds of Texas students who have been awarded a Dream.US scholarship went into nursing and education, professions that are struggling with shortages. Recent economic analysis from the American Immigration Council suggests rescinding in-state tuition for undocumented students in the state could cost Texas more than $460 million a year from lost wages and spending power.
Disclosure: Texas Public Policy Foundation and University of North Texas have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
29 minutes ago
Trump's actions in Los Angeles spur debate over deportation funds in his 'big, beautiful' bill
WASHINGTON -- President Donald Trump's 'big, beautiful bill' in Congress includes more than tax breaks and spending cuts — it also seeks to pour billions of dollars into the administration's mass deportation agenda. Republican leaders capitalized Tuesday on the demonstrations in Los Angeles, where people are protesting Trump's immigration raids at Home Depot and other places, to make the case for swift passage of their sprawling 1,000-plus-page bill over staunch Democratic opposition. House Speaker Mike Johnson said the One Big Beautiful Bill Act delivers 'much-needed reinforcements,' including 10,000 new Immigration and Customs Enforcement agents, $45 billion to expand migrant detention facilities and billions more to carry out at least 1 million deportations a year. 'All you have to do is look at what's happening in Los Angeles to realize that our law enforcement needs all the support that we can possibly give them,' said Senate Majority Leader John Thune, R-S.D. The focus on some $350 billion in national security funding comes as action on the massive package is lumbering along in Congress at a critical moment. Trump wants the bill on his desk by the Fourth of July. But Senate Republicans trying to heave it to passage without Democrats are also running up against objections from within their GOP ranks over the details. At the same time, Democrats are warning that Trump's executive reach into California — sending in the National Guard over the governor's objections and calling up the Marines — is inflaming tensions in what had been isolated protests in pockets of LA. They warned the president's heavy-handed approach has the potential to spread, if unchecked, to other communities nationwide. 'We are at a dangerous inflection point in our country,' said Rep. Jimmy Gomez, who represents the Los Angeles area. 'Trump created this political distraction to divide us and keep our focus away from his policies that are wreaking havoc on our economy and hurting working families," he said. "It's a deliberate attempt by Trump to incite unrest, test the limits of executive power and distract from the lawlessness of his administration.' At its core, the bill extends some $4.5 trillion in existing tax breaks that would otherwise expire at the end of the year without action in Congress, cutting some $1.4 trillion in spending over the decade to help offset costs. The Congressional Budget Office found the bill's changes to Medicaid and other programs would leave an estimated 10.9 million more people without health insurance and at least 3 million each month without food stamps from the Supplemental Nutrition Assistance Program. At the same time, CBO said the package will add some $2.4 trillion to deficits over the decade. One emerging area of concern for Republican leaders has been the bill's status before the Senate parliamentarian's office, which assesses whether the package complies with the strict rules used for legislation under the so-called budget reconciliation process. Late Monday, Republicans acknowledged potential 'red flags' coming from the parliamentarian's office that will require changes in the House bill before it can be sent to the Senate. Leaders are using the reconciliation process because it allows for simple majority passage in both chambers, were GOP majorities are razor-thin. House Majority Leader Steve Scalise said Republicans are preparing to address the concerns with a vote in the House, possibly as soon as this week, to change the package. Senate Democratic Leader Chuck Schumer seized on the House's upcoming do-over vote as a chance for Republicans who are dissatisfied with the package to reassert their leverage and 'force the bill back to the drawing board.' 'They say they don't like parts of the bill — now is their opportunity to change it,' Schumer said. On Tuesday, Vice President JD Vance was dispatched to speak with one GOP holdout, Sen. Ron Johnson of Wisconsin, who has pushed for deeper spending reductions in the bill to prevent skyrocketing deficits from adding to the nation's $36 trillion debt load. Other Republican senators have raised concerns about the health care cuts. But Republicans are in agreement on border security, deportation and military funding, over the objections of Democrats who fought vigorously during the committee process to strip those provisions from the bill. The package includes about $150 billion for border security and deportation operations, including funding for hiring 10,000 new ICE officers — with what Johnson said are $10,000 hiring bonuses — as well as 3,000 new Border Patrol agents and other field operations and support staff. There's also funding for a daily detention capacity for 100,000 migrants and for flights for 1 million deportations annually. The package includes $46 billion for construction of Trump's long promised wall between the U.S.-Mexico border. Additionally, the bill includes $150 billion for the Pentagon, with $5 billion for the military deployment in support of border security, along with nearly $25 billion for Trump's 'Golden Dome' defense system over the U.S. Separately, the bill adds another $21 billion for the Coast Guard. Democrats have argued against the deportations, and warned that Trump appears to be stirring up protests so he can clamp down on migrant communities. Rep. Nanette Barragan — whose district represents the suburban city of Paramount, where the weekend Home Depot raid touched off protests — implored Americans: 'Listen to the words of this administration: They're using words like insurrection. They're using words like invasion.' She warned the administration is laying the groundwork for even steeper actions. 'That's a concern,' she said. 'That is dangerous. It's wrong.'
Newsweek
33 minutes ago
- Newsweek
Gavin Newsom Compares Donald Trump to Emperor Palpatine
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. California Gov. Gavin Newsom's office shared a meme portraying President Donald Trump as Star Wars villain Emperor Palpatine. In the video, Palpatine's voice reads out a Truth Social post by Trump talking about the riots in Los Angeles. The Democratic governor and Republican president have clashed over the latter's decision to send in National Guard troops and Marines to quell the disorder that erupted from protests against federal immigration raids in Los Angeles. A ONCE GREAT AMERICAN CITY HAS BEEN OCCUPIED! — Governor Newsom Press Office (@GovPressOffice) June 10, 2025 This is a developing article. Updates to follow.
41 minutes ago
LA police swiftly enforce downtown curfew as protests against Trump's immigration crackdown continue
LOS ANGELES -- Los Angeles police swiftly enforced a downtown curfew Tuesday night, making arrests moments after it took effect, while deploying officers on horseback and using crowd control projectiles to break up a group of hundreds demonstrating against President Donald Trump's immigration crackdown. Members of the National Guard stood watch behind plastic shields, but did not appear to participate in the arrests. Hours later, many of the protesters had dispersed, although sporadic confrontations continued that were much smaller than in previous nights. Officials said the curfew was necessary to stop vandalism and theft by agitators looking to cause trouble. Democratic Gov. Gavin Newsom earlier accused Trump of drawing a 'military dragnet' across the nation's second-largest city with his escalating use of the National Guard. He also deployed Marines, though none were seen on the streets Tuesday. Newsom asked a court to put an emergency stop to the military helping federal immigration agents, with some guardsmen now standing in protection around agents as they carried out arrests. He said it would only heighten tensions and promote civil unrest. The judge set a hearing for Thursday, giving the administration several days to continue those activities. The change moves troops closer to engaging in law enforcement actions like deportations as Trump has promised as part of his administration's immigration crackdown. The Guard has the authority to temporarily detain people who attack officers but any arrests ultimately would be made by law enforcement. Trump has activated more than 4,000 National Guard members and 700 Marines over the objections of city and state leaders. They were originally deployed to protect federal buildings. Demonstrations have spread to other cities nationwide, including Dallas and Austin, Texas, Chicago and New York, where a thousand people rallied and multiple arrests were made. In Texas, where police in Austin used chemical irritants to disperse several hundred demonstrators Monday, Republican Gov. Greg Abbott's office said Texas National Guard troops were 'on standby" in areas where demonstrations are planned, Abbott spokesperson Andrew Mahaleris said Tuesday evening. Guard members were deployed to San Antonio, according to assistant police chief Jesse Salame. He said he did not know how many were sent or details on the deployment. Los Angeles Mayor Karen Bass declared a local emergency on the fifth day of protests and said the curfew will run from 8 p.m. Tuesday until 6 a.m. Wednesday. She said it was expected to last for several days. 'We reached a tipping point' after 23 businesses were looted, Bass said during a news conference Tuesday. The curfew covers a 1 square mile (2.5 square kilometer) section of downtown that includes the area where protests have occurred since Friday. The city of Los Angeles encompasses roughly 500 square miles (nearly 2,300 square kilometers). The curfew doesn't apply to residents who live in the designated area, people who are homeless, credentialed media or public safety and emergency officials, according to Los Angeles Police Chief Jim McDonnell. McDonnell said 'unlawful and dangerous behavior' had been escalating since Saturday. 'The curfew is a necessary measure to protect lives and safeguard property following several consecutive days of growing unrest throughout the city,' McDonnell said. Trump left open the possibility of invoking the Insurrection Act, which authorizes the president to deploy military forces inside the U.S. to suppress rebellion or domestic violence or to enforce the law in certain situations. It's one of the most extreme emergency powers available to a U.S. president. 'If there's an insurrection, I would certainly invoke it. We'll see,' he said from the Oval Office. Later the president called protesters 'animals' and 'a foreign enemy' in a speech at Fort Bragg ostensibly to recognize the 250th anniversary of the U.S. Army. Trump has described Los Angeles in dire terms that Bass and Newsom say are nowhere close to the truth. In a public address Tuesday evening, Newsom called Trump's actions the start of an 'assault' on democracy. 'California may be first, but it clearly will not end here. Other states are next,' he said. Newsom warned people against inciting violence, but urged them to stand up to the president's actions. 'What Donald Trump wants most is your fealty, your silence. To be complicit in this moment," he said. 'Do not give it to him.' The protests began Friday after federal immigration raids arrested dozens of workers in Los Angeles. Protesters blocked a major freeway and set cars on fire over the weekend, and police responded with tear gas, rubber bullets and flash-bang grenades. The demonstrations have been mostly concentrated downtown in the city of 4 million. Thousands of people have peacefully rallied outside City Hall and hundreds more protested outside a federal complex that includes a detention center where some immigrants are being held following workplace raids. Despite the protests, immigration enforcement activity has continued throughout the county, with city leaders and community groups reporting ICE present at libraries, car washes and Home Depots. School graduations in Los Angeles have increased security over fears of ICE action and some have offered parents the option to watch on Zoom. McDonnell said that police had made 197 arrests on Tuesday, including 67 who were taken into custody for unlawfully occupying part of the 101 freeway. Several businesses were broken into Monday, though authorities didn't say if the looting was tied to the protests. The vast majority of arrests have been for failing to disperse, while a few others were for assault with a deadly weapon, looting, vandalism and attempted murder for tossing a Molotov cocktail. Seven police officers were reportedly injured, and at least two were taken to a hospital and released. ___
