Undocumented students in Texas are no longer eligible to receive in-state tuition from public universities, reversing a law enacted in 2001.
Citizens, permanent residents or international students in some circumstances are eligible for in-state tuition if they have lived in Texas for at least a year, compared to three years for undocumented students.
Related:Bill aims to repeal in-state tuition, limit college aid for Texas’ undocumented students Texas was the first state to extend in-state tuition to undocumented students when former Gov.
Texas’ undocumented students received “in-state tuition benefits that resulted in an estimated $150 million in subsidies” this school year, Middleton said at the April hearing without detailing what that figure included.
Texas lawmakers have tried to repeal in-state tuition for undocumented students multiple times over the past two decades.
Texas has reversed a 2001 law that prevents undocumented students from receiving in-state tuition at public universities.
The state law that allows undocumented students to receive in-state tuition rates if they can demonstrate that they have resided in the state for three years prior to high school graduation, according to the Department of Justice’s lawsuit against Texas on Wednesday, “unconstitutionally discriminates against U.S. S. . people. “.”.
Just a few hours later, Gov. In agreement with the federal agency, Greg Abbott and Attorney General Ken Paxton requested that a district court declare the Texas Dream Act unconstitutional. Us. A. State officials were prevented from implementing the law after District Judge Reed O’Connor declared it to be so.
Paxton stated in a news release, “Today, I entered a joint motion with the Trump Administration opposing a law that unlawfully and unconstitutionally provided benefits to illegal aliens that were not available to American citizens.”. The removal of this un-American and discriminatory clause is a significant win for Texas. “.”.
The practice is in violation of federal law, which forbids colleges from providing benefits to undocumented students unless citizens, including those who live outside of the state, are also eligible, according to Department of Justice officials.
The law in Texas is based on students’ residency in the state, not their immigration status, according to a former state representative. The Texas Dream Act was written by Rick Noriega, a Democrat from Houston. If a citizen, permanent resident, or international student has lived in Texas for at least a year—as opposed to three years for students without documentation—they are eligible for in-state tuition.
The lawsuit follows President Donald Trump’s directive to all agencies to prevent state laws that “favor” undocumented immigrants and to guarantee that no taxpayer-funded benefits go to them.
It was during this legislative session that state lawmakers attempted to repeal the Texas Dream Act. Sen. . In his bill, Mayes Middleton, a Republican from Galveston, made the case that U.S. students should receive priority for any financial aid at Texas colleges and universities. A. inhabitants. That bill never reached the Senate floor.
Texas was the first state to extend in-state tuition to undocumented students when former Gov. The bipartisan bill was signed into law by Rick Perry in 2001. The contributions that these students made to the workforce and economy of the state were then emphasized by state officials. Texas’ legislation has now been imitated by 23 other states.
Noriega claimed that his goal was to “level the playing field” for high school students without documentation who “hit a brick wall, which is the financial wall, to better their education and achieve their dreams.”. “.”.
“For students without documentation, the pathway still has a higher bar than any U. S. . citizen in order to pay the in-state tuition rate,” Noriega stated.
According to a statement from advocacy group EdTrust’s assistant director for the Houston region, Judith Cruz, ending the Texas Dream Act would be a “direct attack on the educational aspirations of thousands” of Texas students.
She claimed that dismantling it would hurt these students as well as our state’s social and economic fabric.
According to Luis Figueroa, chief of legislative affairs at the advocacy nonprofit Every Texan, state law does not provide undocumented students with any advantages that other Texas students do not have. A. citizen or a lawful permanent resident of Texas.
“If a U. S. . If a Nebraskan citizen relocated to Texas and stayed for a year, they would be charged the in-state rates, he stated.
According to the nonpartisan nonprofit Presidents’ Alliance on Higher Education and Immigration, a group of university leaders focused on immigration policy, there are approximately 57,000 undocumented students enrolled in Texas colleges and universities.
Over 20,000 students, or 1 in 5 of all college students in Texas, signed an affidavit declaring they were non-U in 2023. S. . At a state Senate committee hearing in April on a plan to repeal the law, Figueroa informed lawmakers about the residents who are eligible for in-state tuition.
Speaking at the hearing, Noriega stated that the law “has been a model for other states, be they red, be they blue, because it helps us to protect the investments that we’ve made in our young people, watering the roots for our state’s future.”. “.”.
The business community in Texas, he said, backed the law because of its effect on “workforce development.”. “.”.
He stated, “For these important positions, we didn’t want to be bringing in talent from outside our state.”.
The American Immigration Council estimated in 2023 that if in-state tuition for undocumented students is eliminated, Texas could lose up to $461 million annually in earnings and spending power.
“In-state tuition benefits that resulted in an estimated $150 million in subsidies” for Texas’ undocumented students this school year, Middleton stated at the hearing in April, without providing specifics.
“These funds could have been used to support lawful residents, possibly even to lower citizens’ tuition or fees,” he continued.
Throughout the past 20 years, Texas lawmakers have made several attempts to eliminate in-state tuition for students without documentation. Similar bills that they introduced during the previous session were referred to committees but never heard.
On behalf of the student organization Young Conservatives of Texas, the Texas Public Policy Foundation filed a lawsuit against the University of North Texas in 2022 for charging out-of-state students more in tuition than state-resident undocumented students. One U. S. . An appeals court overturned the district judge’s 2023 decision that the state law was unconstitutional, enabling the school to keep its tuition policies in place.
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