DOJ settlement ends Texas in-state tuition for undocumented students

The U.S. Department of Justice and the state of Texas reached a settlement for the state to stop providing in-state tuition for undocumented students. 

The program has been a state law since 2001.

At the time, it received bipartisan support in the republican-controlled state legislature. 

What's changed is the greater focus on repealing laws specifically tailored to support those who are in the country illegally. 

Changing political climate

For nearly 25 years, the Texas Dream Act has provided access to in-state tuition for thousands of undocumented migrant students at Texas colleges and universities. 

In another sign of the changing political climate towards illegal immigrants, the justice department and the Texas attorney general are trying to shut the program down.

Hours after the DOJ sued Texas, attorney general Ken Paxton sided with the Trump administration, calling the law "discriminatory and un-American." 

Dig deeper:

The Texas Dream Act was signed into law by Republican Gov. Rick Perry with bipartisan support in the state legislature. 

"Only three Republican senators voted against this and only two Republican House members voted against it. There was a Republican consensus in favor of the Texas Dream Act, that is in-state tuition for undocumented immigrants," said Rice University Political Scientist, Mark Jones.

Well before DACA provided federal protection to undocumented children, Texas was the first state to create this type of tuition program for them.

Now more than a dozen states provide a similar program. 

Affadavit Students

What they're saying:

Every Texan is a nonprofit organization that researches, analyzes, and advocates for public policies to expand equitable access to quality healthcare, food security, education, and good jobs for Texans of all backgrounds. 

Jaime Puente is the Director of Economic Opportunity for Every Texan and was asked how many undocumented students are in Texas universities.

"A little bit less than 20,000 undocumented students. How we identify them and how they are identified is ‘affidavit students’ in the Texas higher education institutions," Puente answered. 

Those affidavits are a key part of the program, according to the non-partisan, non-profit group Every Texan.

The group looked at data from the Texas higher education coordinating board.

"Part of the Texas Dream Act, part of the requirements to access in-state tuition for these students, is that they have to sign an affidavit saying that, while they might be undocumented now, at their earliest possibility that's available to them within the law, they will then go and seek to become a legal permanent resident," said Puente. 

Under the Texas Dream Act, students also have to live in Texas for three years before graduating from high school.

The state has not said if this change happens immediately, therefore, impacting students starting summer courses or the fall semester.

Repeal attempts

Despite multiple Republican attempts to repeal the law, those efforts never made it to a full vote in the Texas house.

Jones was asked about the likelihood of the law getting reversed.

"I think that will depend on the debate in the judicial system between the Trump administration's argument that Texas cannot provide benefits to undocumented immigrants and that it doesn't apply to all U.S. citizens," said Jones.

Co-Author of Texas DREAM Act statement

Domingo Garcia, civil rights leader, co-author of the original Texas DREAM Act, and immediate past National President of the League of United Latin American Citizens (LULAC), issued the following statement in response to Governor Greg Abbott and Texas Republican leaders following their decision to dismantle the historic in-state tuition policy for undocumented students:

"We stand unshakable against any form of discrimination, racism, or attempts to undermine the rights and dignity of our diverse communities. The ugly and unethical late-night legal filings to undo the Texas Dream Act by the attorney general and the governor, and what was used by the Department of Justice, are despicable and mean-spirited. The recent remarks and actions targeting the Hispanic community in Texas are deeply concerning and do not reflect the values of fairness, justice, and equality that our society is built upon.

We commend students for their courage in defending educational equity and fighting against divisive policies. Ensuring all children have access to quality education is a moral obligation and a foundation for a stronger, more inclusive future for Texas. Real Christians do not persecute defenseless children. Real Americans defend everyone’s right to an education.

We call on all stakeholders, government officials, community members, and organizations to unite in condemning efforts that seek to vilify or marginalize any group. Let us work together to promote understanding, respect, and justice for all Texans, regardless of background or identity.

Our commitment remains strong: to support policies that foster inclusion, to oppose those rooted in division, and to ensure that every voice is heard and valued. We believe that Texas thrives when its diversity is celebrated. LULAC will look at all legal, political, and civil options to right this injustice."

What's next:

Undocumented students are already not eligible for federal financial aid.