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Federal Judge Invalidates Texas In-State Tuition Law for Undocumented Students

Texas colleges are assessing how higher tuition will affect tens of thousands of undocumented students.

The University of Texas at Austin tower on Wednesday, June 28, 2023 in Austin.
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Governor Rick Perry delivers his State of the State speech to a joint session of the Texas Legislature on Feb. 12, 2003.

Overview

  • U.S. District Judge Reed O’Connor ruled on June 5 that the 2001 Texas Dream Act is unconstitutional following a joint petition from Attorney General Ken Paxton and the U.S. Department of Justice.
  • The ruling eliminates in-state tuition rates for students without legal status, effectively raising their costs to out-of-state levels.
  • In 2022 roughly 57,000 undocumented students were enrolled in Texas colleges, contributing over $81 million in tuition and fees in 2021 under the law.
  • Universities including Texas State, UT Arlington and Lone Star College are reviewing enrollment projections and financial models to comply with the decision.
  • Immigration advocates such as the Mexican American Legal Defense and Educational Fund have announced plans to appeal the ruling in federal court.