Latest news with #SenateBill1798
Yahoo
5 days ago
- Politics
- Yahoo
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 The measure, Senate Bill 1798, would have repealed the law, and also required students to cover the difference between in- and out-of-state tuition should their school determine they had been misclassified.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 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 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 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Axios
6 days ago
- Politics
- Axios
DOJ sues Texas over in-state tuition for undocumented students
The U.S. Department of Justice on Wednesday sued Texas over a decades-old law letting undocumented students receive in-state tuition, despite about half of the other states offering the same eligibility. Why it matters: The challenge could reshape access to higher education for thousands of undocumented Texans — and could intensify legal scrutiny of similar tuition policies in other states. Driving the news: The DOJ alleges the state's in-state tuition law is unconstitutional and violates federal immigration law. Federal law prohibits undocumented immigrants from getting "tuition benefits that are denied to out-of-state U.S. citizens," the complaint states, also citing Trump-era executive orders directing agencies to block such policies. State of play: The lawsuit comes just after the state Legislature adjourned without passing a bill to repeal the statute. Senate Bill 1798, authored by Sen. Mayes Middleton (R-Galveston), would have repealed the policy and also prohibited universities from providing financial aid to undocumented students. How it works: Texas has granted in-state tuition to undocumented students since 2001, when it became the first state to extend eligibility. To qualify, students must live in the state for three years, graduate from a Texas high school, and sign an affidavit promising to seek legal status. About 19,000 students have signed the affidavit, per state officials, the Texas Tribune reports. Zoom out: 24 states, including the District of Columbia, offer in-state tuition to undocumented students, according to the Higher Ed Immigration Portal — though Florida repealed the policy this year. What they're saying: "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," U.S. Attorney General Pam Bondi said in a statement Wednesday. The other side: Supporters say the policy signed by then-Gov. Rick Perry, a Republican, helps students succeed, fuels the economy, and strengthens the workforce. "This lawsuit would eliminate states' abilities to have these clearly beneficial tuition policies. It would push higher education further out of reach and roll back decades of progress in expanding opportunity and supporting students who are already part of our communities," Todd Schulte, president of immigration nonprofit said in a statement.
Yahoo
6 days ago
- Politics
- Yahoo
Feds sue Texas over long-standing law allowing undocumented students to receive in-state tuition
The U.S. Department of Justice is suing Texas over its law allowing undocumented students to receive in-state tuition, days after the state Legislature adjourned without passing a bill to repeal the statute. U.S. Attorney General Pam Bondi said in a statement that Texas is in conflict with federal laws and two recent executive orders from President Donald Trump that prohibit taxpayer dollars from being used to benefit undocumented immigrants, including by offering in-state tuition. 'Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,' 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 lawsuit was filed in the Wichita Falls division of the Northern District of Texas, where U.S. District Judge Reed 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 has granted in-state tuition to undocumented students since 2001, when it became the first state to extend eligibility. A bill to end this practice advanced out of a 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. The measure, which was authored by Republican Sen. Mayes Middleton of Galveston, 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. 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 current law, 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. At that time, Sen. Charles Schwertner, R-Georgetown, was pressing 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.' Twenty-four states, including the District of Columbia, offer in-state tuition to undocumented students, according to the Higher Ed Immigration Portal, but Florida repealed its law this year. In 2023, the 5th U.S. Circuit Court of Appeals ruled that the University of North Texas can charge out-of-state students more than undocumented students. The court held that there may be 'valid preemption challenges to Texas' scheme,' but the lawsuit challenging UNT's system was not one of them. Disclosure: University of North Texas has been a financial supporter 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. First round of TribFest speakers announced! Pulitzer Prize-winning columnist Maureen Dowd; U.S. Rep. Tony Gonzales, R-San Antonio; Fort Worth Mayor Mattie Parker; U.S. Sen. Adam Schiff, D-California; and U.S. Rep. Jasmine Crockett, D-Dallas are taking the stage Nov. 13–15 in Austin. Get your tickets today!
Associated Press
07-05-2025
- Politics
- Associated Press
Senate panel advances bill that would no longer allow undocumented students to pay in-state tuition
A bill that would make college less affordable for undocumented students, including those who have called the state their home for most of their lives, is advancing in the Texas Senate. The Senate's K-16 committee voted 9-2 on Tuesday to bring Senate Bill 1798 to the chamber's floor for a full vote. It would eliminate undocumented students' eligibility for in-state tuition and require those previously deemed eligible to pay the difference between in- and out-of-state tuition. State Sen. Mayes Middleton , who authored the bill, said taxpayers are subsidizing higher education for people in the country illegally, which he estimated cost $150 million in the 2024-2025 academic year. 'These are funds that could have been used for lawful residents, perhaps even to lower tuition and fees,' Middleton said during an April 22 Senate education hearing when the bill was discussed. The House is contemplating similar legislation. House Bill 232 by state Rep. Cody Vasut , R-Angleton, would require students 18 or older to provide proof that they had applied to become a permanent U.S. resident to be eligible for in-state tuition. Both bills would also make the students liable for covering the difference between in- and out-of-state tuition should their school determine they had been misclassified or if their application for permanent residency in the U.S. is denied. The Senate's measure would go further by allowing universities to withhold a student's diploma if they don't pay the difference within 30 days of being notified and if the diploma has not already been granted. The Senate bill also bars universities and colleges from using any state money on financial aid to help undocumented students, requires them to report students whom they believe have misrepresented their immigration status to the Attorney General's Office, and ties their state funding to compliance with the law. Groups that advocate for more restrictions on immigration have expressed support for the Senate's bill. 'This dismantles one of the many incentive structures that help drive illegal immigration into our state. Certainly not the biggest incentive structure, but one of a plethora,' said Texans for Strong Borders president Chris Russo, who has connections to a white supremacist movement . Many undocumented students spoke for hours in opposition to both the Senate and the House bills during testimony before lawmakers in recent weeks. They said investing in them has paid dividends for Texas. Emiliano Valencia, who was brought to the U.S. when he was 2 years old, said paying in-state tuition and working as a bank teller made it possible for him to earn a bachelor's degree in finance, start a restaurant and later a construction company in the state. 'Altogether, I've created over a hundred jobs,' he said. 'I'm not an American by paper, but I am in my heart and in my work ethic.' Out-of-state tuition is typically three times more expensive than in-state tuition. In 2001, Texas became the first state to extend in-state tuition and grant eligibility to undocumented students. Twenty-three states now offer it, too, although Florida recently repealed its law. As it stands, Texas law allows undocumented students to qualify for in-state tuition if they 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. These so-called 'affidavit students' accounted for only 1.5% of all students enrolled at Texas universities in 2023, said Luis Figueroa, chief of legislative affairs at the liberal think tank Every Texan. Each new graduating class of 'affidavit students' generates $461.3 million to the Texas economy per year, according to the American Immigration Council . While efforts to eliminate in-state tuition for undocumented students have failed in the Texas Legislature in the past, these bills are concerning because they come at a time when the federal administration has made immigrants public enemy No. 1, said Faye Kolly with the American Immigration Lawyers Association. Kolly submitted written testimony opposing the House's version of the bill. While it doesn't explicitly eliminate in-state tuition for undocumented students like the Senate's version does, both bills would have that effect. 'Just because it gives a glimmer of hope doesn't mean a vast majority of students are going to be able to meet that criteria,' she said. Kolly said she included in her written testimony her assessment of a recent executive order from President Donald Trump. Trump ordered 'the Attorney General, in consultation with the Secretary of Homeland Security and appropriate agency heads,' to 'identify and take appropriate action to stop the enforcement of state and local laws, regulations, policies and practices favoring aliens of any groups of American citizens.' Trump said this included state laws that provide in-state tuition to undocumented students. Kolly thinks the 2001 Texas Dream Act does not conflict with federal law because it is tied to students' residency, not their legal immigration status. 'Everyone in Texas qualifies under the same pathway for in-state tuition, and so there isn't any discrimination against U.S. citizens, and oddly this bill, if it passes, because it does single out people based on their immigration status, might violate federal law,' she said. ___ This story was originally published by The Texas Tribune and distributed through a partnership with The Associated Press.
Yahoo
07-05-2025
- Politics
- Yahoo
Texas Senate panel advances bill that would no longer allow undocumented students to pay in-state tuition
A bill that would make college less affordable for undocumented students, including those who have called the state their home for most of their lives, is advancing in the Texas Senate. The Senate's K-16 committee voted 9-2 on Tuesday to bring Senate Bill 1798 to the chamber's floor for a full vote. It would eliminate undocumented students' eligibility for in-state tuition and require those previously deemed eligible to pay the difference between in- and out-of-state tuition. State Sen. Mayes Middleton, who authored the bill, said taxpayers are subsidizing higher education for people in the country illegally, which he estimated cost $150 million in the 2024-2025 academic year. 'These are funds that could have been used for lawful residents, perhaps even to lower tuition and fees,' Middleton said during an April 22 Senate education hearing when the bill was discussed. The House is contemplating similar legislation. House Bill 232 by state Rep. Cody Vasut, R-Angleton, would require students 18 or older to provide proof that they had applied to become a permanent U.S. resident to be eligible for in-state tuition. Both bills would also make the students liable for covering the difference between in- and out-of-state tuition should their school determine they had been misclassified or if their application for permanent residency in the U.S. is denied. The Senate's measure would go further by allowing universities to withhold a student's diploma if they don't pay the difference within 30 days of being notified and if the diploma has not already been granted. The Senate bill also bars universities and colleges from using any state money on financial aid to help undocumented students, requires them to report students whom they believe have misrepresented their immigration status to the Attorney General's Office, and ties their state funding to compliance with the law. Groups that advocate for more restrictions on immigration have expressed support for the Senate's bill. 'This dismantles one of the many incentive structures that help drive illegal immigration into our state. Certainly not the biggest incentive structure, but one of a plethora,' said Texans for Strong Borders president Chris Russo, who has connections to a white supremacist movement. Many undocumented students spoke for hours in opposition to both the Senate and the House bills during testimony before lawmakers in recent weeks. They said investing in them has paid dividends for Texas. Emiliano Valencia, who was brought to the U.S. when he was 2 years old, said paying in-state tuition and working as a bank teller made it possible for him to earn a bachelor's degree in finance, start a restaurant and later a construction company in the state. 'Altogether, I've created over a hundred jobs,' he said. 'I'm not an American by paper, but I am in my heart and in my work ethic.' Out-of-state tuition is typically three times more expensive than in-state tuition. In 2001, Texas became the first state to extend in-state tuition and grant eligibility to undocumented students. Twenty-three states now offer it, too, although Florida recently repealed its law. As it stands, Texas law allows undocumented students to qualify for in-state tuition if they 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. These so-called 'affidavit students' accounted for only 1.5% of all students enrolled at Texas universities in 2023, said Luis Figueroa, chief of legislative affairs at the liberal think tank Every Texan. Each new graduating class of 'affidavit students' generates $461.3 million to the Texas economy per year, according to the American Immigration Council. While efforts to eliminate in-state tuition for undocumented students have failed in the Texas Legislature in the past, these bills are concerning because they come at a time when the federal administration has made immigrants public enemy No. 1, said Faye Kolly with the American Immigration Lawyers Association. Kolly submitted written testimony opposing the House's version of the bill. While it doesn't explicitly eliminate in-state tuition for undocumented students like the Senate's version does, both bills would have that effect. 'Just because it gives a glimmer of hope doesn't mean a vast majority of students are going to be able to meet that criteria,' she said. Kolly said she included in her written testimony her assessment of a recent executive order from President Donald Trump. Trump ordered 'the Attorney General, in consultation with the Secretary of Homeland Security and appropriate agency heads,' to 'identify and take appropriate action to stop the enforcement of state and local laws, regulations, policies and practices favoring aliens of any groups of American citizens.' Trump said this included state laws that provide in-state tuition to undocumented students. Kolly thinks the 2001 Texas Dream Act does not conflict with federal law because it is tied to students' residency, not their legal immigration status. 'Everyone in Texas qualifies under the same pathway for in-state tuition, and so there isn't any discrimination against U.S. citizens, and oddly this bill, if it passes, because it does single out people based on their immigration status, might violate federal law,' she said. Disclosure: Every Texan has been a financial supporter 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. First round of TribFest speakers announced! Pulitzer Prize-winning columnist Maureen Dowd; U.S. Rep. Tony Gonzales, R-San Antonio; Fort Worth Mayor Mattie Parker; U.S. Sen. Adam Schiff, D-California; and U.S. Rep. Jasmine Crockett, D-Dallas are taking the stage Nov. 13–15 in Austin. Get your tickets today!
