Latest news with #TexasDreamAct
Yahoo
19 hours ago
- Business
- Yahoo
After Dream Act reversal, undocumented students in Texas face tuition uncertainty
AUSTIN (Nexstar) — Nearly a week has passed since the Texas Dream Act was struck down, and schools still do not have clear answers about changes to undocumented student tuition rates. Undocumented students lost the ability to receive in-state tuition Wednesday after the Trump administration sued Texas, accusing it of violating federal law. The administration said the Dream Act, which passed the Texas legislature with bipartisan support in 2001, was in violation of a 1996 federal law. Because Texas agreed, the suit was settled within hours, and it is unclear if the decision will be appealed. For some undocumented students, the difference between in-state and out-of-state tuition at Texas public universities may be the difference between receiving a college education or not being able to afford one. Edilsa Lopez is a recipient of the Deferred Action for Childhood Arrivals program and attended the University of Texas at Austin for her undergraduate degree. She said that because noncitizens are not eligible for federal aid, the Dream Act was essential for her ability to afford college. State of Texas: Abbott approves billions for schools, but is it enough? 'Having in-state tuition for us was such a blessing, because we didn't have to pay three times the in-state tuition rate,' Lopez said. 'Even then, we had a situation that was still very difficult for us, just because of the limited amount of financial aid available to us, undocumented students.' The out-of-state tuition rate ranges from double to nearly quadruple that of in-state tuition, depending on the school. Out-of-state students at UT and Texas A&M University pay the highest amounts, over $40,000 per year. Lopez was brought to the United States from Guatemala at age 12, fleeing poverty and homelessness. Even after arriving in the U.S., she said, she experienced homelessness after her mother had to leave the U.S., leaving Lopez to care for herself and her sister. Lopez said going to college was transformative for her life, as she now works for a Fortune 500 company as an accountant. 'I was brought here [at a] very young age … and so education for me was very important, and I only had one thing in mind, which is to graduate from college,' Lopez said. 'And so it was difficult in itself, but having in-state tuition and then graduating from college changed my life completely. I am now a professional financial accountant.' While in high school, Lopez said she didn't know about college, but her educators urged her to pursue it. She ended up in the top 10% of her class, making her eligible for automatic admission to most public universities in the state. Now, Lopez worries for the undocumented students following in her footsteps. She said that even before the Dream Act was reversed, she at times struggled to pay for her education. 'At the very end, I wasn't able to get all the money that I needed to graduate from college, and I almost dropped out,' Lopez said. 'But it was thanks to my high school teachers who really supported me, and they always believed in my potential, that they sort of helped me and did a fundraiser for me.' State Rep. Roman Romero, D-Fort Worth, shares Lopez's concerns about the future for undocumented students — especially those who are currently in the middle of their college education. Romero, who chairs the Mexican American Legislative Caucus in the Texas House, worries that Texas may lose good students to other states if they can no longer afford a college education in Texas. 'How would we not continue to support those that we have invested, likely over $100,000 into that child, if they were with us through K through 12,' Romero said. 'It's a lot of money to invest and then see them walk away and go to a different state. So we don't want this talent to leave.' State Sen. Carol Alvarado, D-Houston, pointed out the economic impact that allowing undocumented students to pay in-state tuition generates for Texas. She said in 2021 alone, 20,000 undocumented students paid about $80 million in tuition to state universities. 'I think … we're going to take a financial hit from this, because these are students that may choose not to go to school,' Alvarado said. One temporary solution, proposed by State Rep. Donna Howard, D-Austin, is for the Texas Higher Education Coordinating Board to give undocumented students a temporary designation that allows them to receive in-state tuition until the legislature can address the matter in its next session. Romero said he agrees with Howard. In a statement, THECB Spokesperson Mike Eddleman said the agency does not have an update to share, but is looking into the matter. 'Currently, we are evaluating the scope of the ruling and are actively working to ensure that any THECB rules, policies, and programs comply with the law,' Eddleman said. In the meantime, universities in Texas have to decide how to proceed with billing students for the fall semester. So far, most do not have updates to share. University of Texas Rio Grande Valley spokesperson Melissa Vasquez said, in a statement, that the university understands the decision may affect students' existing financial plans. 'As UTRGV continues its review of the impact of the consent judgment, students who may be affected will be notified directly,' Vasquez said. A spokesperson for Midwestern State University said that MSU is currently reviewing the impact of the decision. A spokesperson for UT Austin said it did not have updates to share. The Texas A&M University System will hold a meeting Friday to discuss the change, according to a spokesperson from West Texas A&M University. Other public universities around the state did not respond to requests for comment. The sudden nature of the decision not only complicates the path forward for universities and students, but it also raises eyebrows at the prospect of collusion between the federal government and the state. Alvarado was frustrated by the timing of the decision, right after the legislative session concluded. 'It's kind of like a boyfriend that cheated on you,' Alvarado said. 'Everybody was recognizing the importance of keeping the in-state tuition for these students, and then as soon as we turn our backs and go home, then they circumvented the legislative process.' Romero called the whole process 'shady,' but said the path forward has to involve more than talking about the issue. 'We're at a time when President Trump is really using every single lawyer at his disposal … to go around and circumvent the priorities of the state of Texas,' Romero said. 'Am I upset? Yes, but we can't just stay upset. We have to do something about it.' Undocumented students will be faced with the reality of being charged significantly more for higher education, and possibly not being able to afford it, if lawmakers or THECB are unable to find a solution before the fall semester. For Lopez, who said she learned English specifically so that she would be able to get an education, that would have made a difference in her life trajectory. 'I mean, the only thing we want in this country is literally opportunity for an education,' Lopez said. 'We want to be able to contribute back to the state we have lived here our entire lives.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
a day ago
- Politics
- Yahoo
Advocates speak out against Texas Dream Act repeal
AUSTIN (KXAN) — Advocacy groups are raising concerns after a federal lawsuit repealed the Texas Dream Act. Signed by Gov. Rick Perry in 2001, it allows certain undocumented students to qualify for in-state tuition. On June 4, the U.S. Department of Justice filed a lawsuit against Texas. It alleged that the Texas Dream Act violates federal law by providing benefits to undocumented students that are not also extended to U.S. citizens. Texas Attorney General Ken Paxton's office released a statement hours after the suit was filed, saying they would not contest the suit, leading to a default judgment. 'Ending this discriminatory and un-American provision is a major victory for Texas,' Paxton's statement read, in part. READ MORE: Law professors react to in-state tuition decision 'This is more than a legal challenge,' said Linda Corchado, senior director of immigration at Children at Risk. 'This is an attempt to dismantle one of Texas' most effective and visionary education policies.' Children at Risk is a research and advocacy nonprofit focused on improving the quality of life for Texas' children. Viridiana Carrisales is the co-founder and CEO of ImmSchools, a nonprofit that partners with school districts to help them better meet the needs of immigrant students. She claims this could discourage students from pursuing higher education or even staying in school. 'So this is going to have an implication where students are going to potentially drop out of school, of K through 12 school,' Carrizales said. 'It doesn't matter where we live in the state. It hurts all of us the moment students drop out of school.' The concerns go beyond student retention. Corchado pointed out the economic benefits students bring to Texas and what the state stands to lose without them. 'In [2021] alone, Dream Act students contributed over $81 million in tuition and fees,' Corchado said. 'Repealing the law could cost Texas $461 million each year in lost economic activity.' During the legislative session, lawmakers introduced bills to repeal the Texas Dream Act. However, despite hours of testimony, the bills were left pending and did not pass. Chelsie Kramer, a Texas state organizer with the American Immigration Council, framed the original 2001 legislation as an example for the rest of the nation. 'For more than two decades, the Texas Dream Act has really stood as a model of pragmatic, bipartisan policymaking,' Kramer said. 'Since 2001, similar laws have been passed in 24 other states, really showing that what Texas did back in 2001 was something the nation wanted to follow.' After the repeal, Texas Democrats composed a letter both criticizing the decision and offering a solution. They call for a new classification to allow students who qualified under the law to enroll in the fall semester 'at the rate they reasonably expected.' READ MORE: Lawmakers call for in-state tuition protection 'These students aren't asking for handouts,' Corchado said. 'They're investing in their future.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
3 days ago
- Politics
- Yahoo
Some Texas lawmakers demand in-state tuition protections for undocumented students
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. RELATED | Justice Department sues Texas over in-state tuition for undocumented students 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.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
5 days ago
- Politics
- Yahoo
DOJ settlement ends Texas in-state tuition for undocumented students
The Brief The U.S. Department of Justice and Texas have settled to end in-state tuition for undocumented students, a state law since 2001. The program, known as the Texas Dream Act, has provided in-state tuition for nearly 25 years and currently benefits almost 20,000 "affidavit students." It is currently unclear if the change will immediately impact students enrolled in summer or fall courses. The U.S. Department of Justice and the state of Texas reached a settlement for the state to stop providing in-state tuition for undocumented students. The program has been a state law since 2001. At the time, it received bipartisan support in the republican-controlled state legislature. What's changed is the greater focus on repealing laws specifically tailored to support those who are in the country illegally. For nearly 25 years, the Texas Dream Act has provided access to in-state tuition for thousands of undocumented migrant students at Texas colleges and universities. In another sign of the changing political climate towards illegal immigrants, the justice department and the Texas attorney general are trying to shut the program down. Hours after the DOJ sued Texas, attorney general Ken Paxton sided with the Trump administration, calling the law "discriminatory and un-American." Dig deeper The Texas Dream Act was signed into law by Republican Gov. Rick Perry with bipartisan support in the state legislature. "Only three Republican senators voted against this and only two Republican House members voted against it. There was a Republican consensus in favor of the Texas Dream Act, that is in-state tuition for undocumented immigrants," said Rice University Political Scientist, Mark Jones. Well before DACA provided federal protection to undocumented children, Texas was the first state to create this type of tuition program for them. Now more than a dozen states provide a similar program. What they're saying Every Texan is a nonprofit organization that researches, analyzes, and advocates for public policies to expand equitable access to quality healthcare, food security, education, and good jobs for Texans of all backgrounds. Jaime Puente is the Director of Economic Opportunity for Every Texan and was asked how many undocumented students are in Texas universities. "A little bit less than 20,000 undocumented students. How we identify them and how they are identified is 'affidavit students' in the Texas higher education institutions," Puente answered. Those affidavits are a key part of the program, according to the non-partisan, non-profit group Every Texan. The group looked at data from the Texas higher education coordinating board. "Part of the Texas Dream Act, part of the requirements to access in-state tuition for these students, is that they have to sign an affidavit saying that, while they might be undocumented now, at their earliest possibility that's available to them within the law, they will then go and seek to become a legal permanent resident," said Puente. Under the Texas Dream Act, students also have to live in Texas for three years before graduating from high school. The state has not said if this change happens immediately, therefore, impacting students starting summer courses or the fall semester. Despite multiple Republican attempts to repeal the law, those efforts never made it to a full vote in the Texas house. Jones was asked about the likelihood of the law getting reversed. "I think that will depend on the debate in the judicial system between the Trump administration's argument that Texas cannot provide benefits to undocumented immigrants and that it doesn't apply to all U.S. citizens," said Jones. Domingo Garcia, civil rights leader, co-author of the original Texas DREAM Act, and immediate past National President of the League of United Latin American Citizens (LULAC), issued the following statement in response to Governor Greg Abbott and Texas Republican leaders following their decision to dismantle the historic in-state tuition policy for undocumented students: "We stand unshakable against any form of discrimination, racism, or attempts to undermine the rights and dignity of our diverse communities. The ugly and unethical late-night legal filings to undo the Texas Dream Act by the attorney general and the governor, and what was used by the Department of Justice, are despicable and mean-spirited. The recent remarks and actions targeting the Hispanic community in Texas are deeply concerning and do not reflect the values of fairness, justice, and equality that our society is built commend students for their courage in defending educational equity and fighting against divisive policies. Ensuring all children have access to quality education is a moral obligation and a foundation for a stronger, more inclusive future for Texas. Real Christians do not persecute defenseless children. Real Americans defend everyone's right to an call on all stakeholders, government officials, community members, and organizations to unite in condemning efforts that seek to vilify or marginalize any group. Let us work together to promote understanding, respect, and justice for all Texans, regardless of background or commitment remains strong: to support policies that foster inclusion, to oppose those rooted in division, and to ensure that every voice is heard and valued. We believe that Texas thrives when its diversity is celebrated. LULAC will look at all legal, political, and civil options to right this injustice." What's next Undocumented students are already not eligible for federal financial aid. The Source Information in this article was prvodied by interviews conducted by FOX 4's Steven Dial.
Yahoo
5 days ago
- Politics
- Yahoo
Law professors react: Texas will no longer provide in-state tuition to undocumented students
AUSTIN (Nexstar) — Undocumented students at Texas' public universities will lose the ability to receive in-state tuition, a federal judge ruled Wednesday in an uncontested settlement. The change comes after the U.S. Department of Justice sued the state of Texas for a 2001 law, known as the Texas Dream Act, which allowed those students to receive in-state tuition if they met certain qualifications. The lawsuit alleged that the Dream Act violated federal law, and Texas Attorney General Ken Paxton released a statement Wednesday announcing his office would not contest the suit, causing the law to be repealed through a default judgment. 'Ending this discriminatory and un-American provision is a major victory for Texas,' Paxton wrote. The Texas Legislature considered bills during this year's session to repeal the Dream Act, but it failed to pass. The initial Dream Act had bipartisan support and was signed into law by Republican former Gov. Rick Perry. The move by the Trump administration and agreement from Paxton, a Republican, represents a method of removing enforcement of a law without the approval of the legislature. Josh Blackman, associate professor of law at South Texas College of Law, said that while the strategy is uncommon, it is not unheard of. 'For example, an environmental group will sue a Democratic [Environmental Protection Agency], and the EPA says, 'Oh, we agree with you. We'll settle the litigation,'' Blackman said. 'It's not as common [for] conservatives, but I guess we're seeing it now.' Blackman added that the settlement happened very quickly — just hours after the suit was filed. The decision is effectively final, Blackman said. He said that a relevant party could have signed onto the suit after it was filed, but because of how quickly it was decided, no group did so. 'There was no intervention here. It sort of happened very quickly,' Blackman said. 'I don't see how…some other group might intervene. I think the case is over.' 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, however. 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. In this case, it is not immediately clear if another party could still intervene given that the case was settled. The legal basis for challenging the Texas Dream Act is contained in Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The act states that noncitizens cannot receive higher education benefits, based on residency, that are not afforded to all U.S. citizens. Because in-state tuition for Texas universities is not available to all U.S. citizens — only Texas residents — the DOJ argued that Texas was in violation of federal law. But Hines said that the workaround to prevent violating federal law was that the qualification for in-state tuition was based on other factors besides simply residing in Texas. 'They had to graduate from a Texas high school, and they had to make efforts to obtain permanent residency in Texas…under the immigration laws,' Hines said. Hines said, though she did not provide specific evidence, that she believes the Trump administration and state officials colluded to overturn the law without the approval of the legislature after the attempt to repeal the Texas Dream Act died during session this year. The initial law in 2001, she said, was passed by an overwhelming bipartisan majority. 'It's been around for 25 years, and the effort in this legislature failed, and that shows that the majority of elected officials, that are people that are elected by the residents of Texas, thought that this bill was a good thing for Texas,' Hines said. Regardless, she took issue with the manner in which the case was decided. She disapproved of both that the case was filed intentionally in a conservative court, and that Paxton did not defend existing state law and immediately settled. 'Generally, the Attorney General of a state is entrusted with defending the laws of a state not signing a pro forma consent decree hours after you're sued, saying that a state law is unconstitutional,' Hines said. Undocumented students who wish to attend Texas public universities will now see a significant cost increase. The in-state cost of tuition and fees at the University of Texas at Austin, previously available to undocumented students, is $11,768, according to U.S. News and World Report. But the cost of attendance of an out-of-state student is $42,778 — nearly four times higher. Hines said that the law was initially passed because it provided the opportunity for higher education to immigrants who may not be able to access it otherwise. The absence of this law in Texas does not mean immigrants will choose to stay in their home country, Hines said. She said it will merely lead to a less-educated Texas population. 'People are coming to this country because they're looking for better economic opportunities. They're fleeing violence, they're reuniting with their families,' Hines said. 'The idea that taking this benefit away is going to make you think I'm going to stay in my home country when there's a violent civil war is ridiculous. It just means that we'll have an under educated population in Texas.' Blackman said that he does agree with the decision, but that the political environment which once allowed this bill to receive bipartisan approval is no longer the reality in Texas. 'I think states have been flouting federal law on this issue. For decades, everyone kind of just looked the other way,' Blackman said. 'This is a Perry-era law, and I think there's actually been a shift in Republican politics, really a shift in Texas politics on this issue over the last two decades.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
