In a swift and unprecedented move, Texas has officially ended its 24-year-old policy granting in-state tuition to undocumented students. The change came just hours after the U.S. Department of Justice (DOJ) filed a lawsuit challenging the legality of the policy, arguing it violated federal law by offering benefits to undocumented immigrants not equally available to U.S. citizens from other states.
The policy, enacted in 2001 under then-Governor Rick Perry, allowed undocumented students who had resided in Texas for at least three years and graduated from a Texas high school to pay in-state tuition rates at public colleges and universities. This law made Texas the first state to extend such benefits to undocumented students, often referred to as "Dreamers."
The DOJ's lawsuit argued that the Texas law conflicted with federal statutes prohibiting states from offering postsecondary education benefits to undocumented immigrants unless the same benefits are available to all U.S. citizens, regardless of residency. Attorney General Pam Bondi stated, "Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens."
In response, Texas Attorney General Ken Paxton filed a joint motion with the DOJ, agreeing that the policy was unconstitutional. U.S. District Judge Reed O’Connor subsequently issued a permanent injunction, effectively ending the policy.
Governor Greg Abbott confirmed the change, stating on social media, "In-state tuition for illegal immigrants in Texas has ended."
The abrupt policy reversal has drawn criticism from education advocates and immigrant rights groups. Miriam Feldblum, president of the Presidents’ Alliance on Higher Education and Immigration, argued that the DOJ's reasoning was "fundamentally flawed," noting that the policy also benefited U.S. citizens residing in Texas. Eric Holguin of UnidosUS highlighted that 92% of students benefiting from the policy were U.S. citizens.
As of 2021, approximately 57,000 undocumented students were enrolled in Texas public colleges and universities. The termination of in-state tuition benefits is expected to significantly impact these students' access to higher education.
Texas joins Florida in rescinding in-state tuition benefits for undocumented students, signaling a potential shift in education and immigration policies across other states.
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