Undocumented immigrants in Texas are no longer eligible to receive in-state tuition from public universities following an agreement between Gov. Greg Abbott, the U.S. Department of Justice and Attorney General Ken Paxton’s office Wednesday.
The decision reverses a state law enacted nearly 25 years ago that had extended in-state tuition to undocumented students.
Abbott said in an X social media post on Wednesday that “in-state tuition for illegal immigrants in Texas has ended,” with a screen shot of a lawsuit filed on Wednesday attached to the post.
Here’s what to know about college tuition, undocumented immigrants and the DOJ’s lawsuit against the state.
Why was Texas being sued?
The lawsuit sought to block state officials from applying the 2001 Texas Dream Act, which allows undocumented students to pay in-state tuition if they can show they have lived in the state for three consecutive years before high school graduation. They also must sign an affidavit indicating they intend to apply for permanent resident status as soon as they are able.
DOJ officials argued that the law “unconstitutionally discriminates against U.S. citizens.” They also said the practice conflicts with federal law, which prohibits colleges from offering benefits to undocumented students unless citizens, including out-of-state residents, are also eligible.
The lawsuit comes after President Donald Trump ordered all agencies to ensure no taxpayer-funded benefits go to undocumented immigrants and block state laws that “favor” them.
What was the agreement between the DOJ, AG and Abbott?
Hours after the lawsuit was filed, Abbott and Paxton agreed with the federal agency and asked a district court to find the practice, known as the Texas Dream Act, unconstitutional. U.S. District Judge Reed O’Connor ruled it was, effectively blocking state officials from applying the law.
“Today, I entered a t motion along with the Trump istration opposing a law that unconstitutionally and unlawfully gave benefits to illegal aliens that were not available to American citizens,” Paxton said in a news release. “Ending this discriminatory and un-American provision is a major victory for Texas.”
How did Texas start offering in-state tuition to undocumented immigrants?
Texas was the first state to extend in-state tuition to undocumented students when former Gov. Rick Perry signed the bipartisan measure into law in 2001. State leaders then highlighted such students’ contributions to the state’s workforce and economy. Now, 23 other states offer the same.
Former state Rep. Rick Noriega, D-Houston, who authored the Texas Dream Act, said he aimed to “level the playing field” for undocumented high school students who “hit a brick wall, which is the financial wall, to better their education and achieve their dreams.”
The law is tied to students’ residency in the state, not their legal immigration status, he said. Citizens, permanent residents or international students in some circumstances are eligible for in-state tuition if they have lived in Texas for at least a year, compared to three years for undocumented students.
Luis Figueroa, chief of legislative affairs at the advocacy nonprofit Every Texan, said state law does not grant undocumented students any type of benefit that is not available to any other Texas U.S. citizen or Texas legal permanent resident.
Has the law been challenged in the past?
State lawmakers have repeatedly tried to repeal the law over the last two decades. Sen. Mayes Middleton, R-Galveston, who introduced a bill to do so this legislative session, argued that any financial aid in Texas colleges and universities should be prioritized for U.S. citizens. That bill did not make it to the Senate floor.
In 2022, the Texas Public Policy Foundation, on behalf of the Young Conservatives of Texas student group, sued the University of North Texas for charging out-of-state Americans higher tuition than undocumented students who live in the state. A U.S. district judge ruled the state law was unconstitutional before an appeals court reversed that ruling in 2023, allowing the school to continue its tuition policies.
What comes next?
At this point, we don’t know. It remains to be seen what ers of the original law will do or if they will try to challenge the agreement the state made with the DOJ.
