Approximately 57,000 out of 690,000 students attending Texas public universities and colleges are undocumented immigrants.
The Department of Justice has initiated legal action to obstruct a Texas law that permits university students to access in-state tuition rates, irrespective of their immigration status.
This lawsuit, filed in the Wichita Falls division of the Northern District of Texas, seeks to nullify a law that has been operational for nearly a quarter of a century. The federal government claims it violates an executive order intended to prevent state or local laws from discriminating against legal U.S. residents.
“Under federal law, educational institutions are prohibited from extending benefits to undocumented immigrants that they do not equally offer to U.S. citizens,” stated Attorney General Pam Bondi. “The Justice Department will vigorously defend federal law to ensure that U.S. citizens are not relegated to second-class status anywhere in the nation.”
In 2001, Texas pioneered legislation allowing young people without legal status—often referred to as “Dreamers”—to benefit from reduced in-state tuition rates. This was a significant step towards inclusivity in education, signed into law by then-Governor Rick Perry, a Republican. The legislation required that eligible students lived in Texas for a minimum of three years prior to graduating high school and for a year before enrolling in college, alongside an affidavit pledging to seek legal residency.
Currently, the Presidents’ Alliance on Higher Education and Immigration reports that around 57,000 undocumented students are enrolled in Texas’s public institutions. Notably, more than 20 other states have enacted similar laws, reflecting a growing trend towards educational accessibility regardless of immigration status.
Contrastingly, Florida has taken steps in the opposite direction, recently revoking access to state-sponsored benefits for undocumented immigrants. Governor Ron DeSantis signed legislation that will terminate this tuition access by July.
Despite Texas’s historically strong stance against illegal immigration under Governor Greg Abbott, particularly regarding the U.S.–Mexico border security, the current moves to eliminate in-state tuition for undocumented students originate from federal directives. This legal challenge follows a failed attempt by Republican lawmakers in Austin to repeal the longstanding Texas law during the recent legislative session.
The potential financial burden on undocumented students is significant, with tuition hikes possibly reaching tens of thousands of dollars. The lawsuit has faced substantial objection, with advocates like Luis Figueroa from Every Texan, a progressive public policy group, stating, “Targeted attacks on Texas students seeking affordable higher education, driven by the Trump administration, won’t benefit anyone; they only exacerbate the situation for all involved.”
The Epoch Times has sought comment from the governor’s office regarding this development.
The Associated Press contributed to this report.
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