Wednesday

08-20-2025 Vol 2058

Federal Judge Denies Challenge to Ruling on In-State Tuition for Undocumented Students in Texas

A federal judge has blocked efforts to challenge a ruling that eliminated in-state tuition for certain undocumented students in Texas.

The decision, made on Friday, denied a motion to intervene by Austin Community College; La Unión del Pueblo Entero, an advocacy group for low-income communities in the Rio Grande Valley; Students for Affordable Tuition; and Oscar Silva, a student at the University of North Texas.

These organizations and Silva have already expressed their intention to appeal the ruling to the Fifth Circuit Court of Appeals.

This legal battle follows a lawsuit initiated by the Justice Department against Texas on June 4, arguing that the Texas Dream Act, which provides in-state tuition for undocumented students under specific conditions, violates federal laws.

On the same day as the lawsuit, a settlement was announced between the state and federal governments.

Critics of the settlement allege that both the state and federal authorities conspired to dismantle the program after previous legislative attempts failed to repeal it.

According to Austin Community College’s filing, approximately 440 students are affected by this ruling, with anticipated tuition increases from $1,020 to $4,236 for some impacted individuals.

Additionally, Students for Affordable Tuition stated that the average college attendance cost for their members would significantly rise as a result of this decision.

In light of the ruling, Texas Higher Education Commissioner Wynn Rosser has reached out to college and university presidents across the state, requesting that they identify the undocumented students enrolled at their institutions.

The letter from Rosser did not specify how schools should manage the identification process nor who will have access to the information gathered.

He urged that the identification process must be completed before the end of summer, ensuring undocumented students can be charged non-resident tuition for the upcoming fall semester.

The Texas Dream Act has played a vital role in providing access to in-state tuition for thousands of undocumented immigrant students for nearly 25 years.

This legislation allows students without legal residency to qualify for in-state tuition provided they have lived in Texas for three years prior to graduating from high school and for at least one year prior to enrolling in college.

These students must also sign an affidavit committing to apply for legal residency as soon as feasible.

Originally signed into law by Republican Governor Rick Perry, the Texas Dream Act received bipartisan support from the state legislature.

Texas was a pioneer in establishing such a tuition program well before the creation of DACA, which offers federal protections to undocumented children.

Currently, over a dozen states have implemented similar programs.

The Texas Dream Act assists around 20,000 students, as reported by the nonprofit organization Every Texan.

Despite numerous attempts by Republican lawmakers to repeal the Dream Act, these efforts have never reached a full vote in the Texas House.

The latest attempt occurred during the recent legislative session when Senate Bill 1798 passed out of committee but was not placed on the intent calendar afterward.

image source from:fox7austin

Abigail Harper