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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.

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.