Undocumented students seek to challenge end of Texas in-state tuition

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Photo by Christopher Furlong/Getty Images

DALLAS - A group of undocumented students are asking a federal judge to allow them to challenge the court's ruling that ended their access to in-state tuition.

The filing comes in response to a lawsuit filed by the U.S. Department of Justice against Texas over a 2001 law that allowed undocumented students who had lived in the state for more than three years and graduated from a Texas high school to attend public universities at the in-state rate.

Students for Affordable Tuition

What they're saying:

The students are hoping for a chance to argue their case for the Texas Dream Act after and agreement was reached between the Department of Justice and the state to end the program on the same day the lawsuit was filed.

Court documents state the average cost for SAT members to attend a college or university in the state will increase by up to 810% compared to their current rates.

DOJ ends Texas in-state tuition for the undocumented

PREVIOUS COVERAGE: A legal settlement between the U.S. Department of Justice and Texas will end in-state college tuition for undocumented students, a program that has been in place for nearly 25 years.

"Such an increase puts college out of reach for many students--some of whom have already spent years in college and will not afford to complete their program," SAT's attorneys said.

The filing highlights several students across the state that may not be able to complete their degree if the Texas Dream Act is ended.

One such student pursuing a Master of Science degree at the University of North Texas has been paying out of pocket for the program since 2020.

"She has been able to afford her education because she was able to pay reduced tuition rates," court documents state. "However, she cannot afford to pay out-of-state tuition and will likely be forced to drop out of her program."

Texas Dream Act

Dig deeper:

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. 

The law allowed for students without legal resident status to qualify for in-state tuition if they have lived in the state for three years before graduating from high school, and for a year before enrolling in college. They must also sign an affidavit promising to apply for legal resident status as soon as possible.

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

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.

The program serves around 20,000 students in Texas, according to the nonprofit organization Every Texan.

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

The most recent attempt happened this session. Senate Bill 1798 passed out of committee on May 14, but was marked as "not placed again on intent calendar" on May 26.

The settlement between the state and federal governments came just days after the most recent Texas legislative session ended.