Undocumented immigrants in Texas no longer qualify for in-state college tuition
After more than two decades on the books, a Texas law that allowed undocumented immigrants to qualify for in-state college tuition has been struck down. This week, the U.S. Justice Department filed a lawsuit against the state, challenging the legality of the 2001 law.
Texas Attorney General Ken Paxton filed a joint motion with the Trump administration, asking a federal judge to declare the law unconstitutional. Federal Judge Reed O’Connor of the Northern District of Texas agreed and issued a ruling that blocked the law.
According to The Texas Tribune, the decision will impact nearly 20,000 undocumented students currently attending colleges and universities in the state.
What has been the reaction?
Paxton claimed victory and said in a statement, “Today, I entered a joint motion along with the Trump Administration opposing a law that unconstitutionally and unlawfully gave benefits to illegal aliens that were not available to American citizens. Ending this discriminatory and un-American provision is a major victory for Texas.”
Texas was the first state in the nation to pass such a law back in 2001. Similar tuition equity policies are being offered by 23 other states.
The immigrant advocacy group FIEL Houston (Immigrant Families and Students in the Fight) condemned the decision, calling it a dark day.
“Without in-state tuition many students who have grown up in Texas, simply will not be able to afford three or four times the tuition other Texas students pay. This is not just. We will take this to the courts and we will continue to fight for the rights of every student in the State of Texas,” the group said in a statement.
FIEL noted that undocumented college students make up 1.5% of the student population in Texas and contribute approximately $84 million to the state university system annually.
What are the financial implications?
Straight Arrow News reviewed tuition rates at the University of Texas at Austin for the 2024-2025 school year. The cost per semester for an in-state student taking 12 credit hours or more ranged from $5,738 to $6,788. For a non-resident, that same 12+ hours costs between $21,888 and $25,553, depending on the major.
Under the now-blocked law, undocumented students could qualify for in-state tuition if they had lived in Texas for at least three years before graduating from high school, resided in the state for one year before enrolling in college and signed a sworn affidavit stating they intended to seek legal residency.
What are federal officials saying?
U.S. Attorney General Pam Bondi, who led the federal lawsuit in Texas, said in a statement, “Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens. 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. “
What are education advocates saying?
Don Graham, co-founder of TheDream.US, a national scholarship fund for undocumented students warned the ruling would shut out promising talent.
“Some of the brightest young students in the country, some of the most motivated, will be denied an opportunity for higher education,” he said.
He added that many of these students pursue careers in high-need fields such as nursing and education.
Ella Rae Greene, Editor In Chief
