Federal Judge Strikes Down Texas Law Granting In-State Tuition to Undocumented Students: What This Means for Education Access

AUSTIN, Texas (AP) — A federal judge recently blocked a Texas law that allowed college students without legal residency to pay reduced in-state tuition. This decision came shortly after the Justice Department filed a lawsuit against the policy, which was the first of its kind in the U.S. when it was enacted in 2001. Texas Attorney General Ken Paxton supported the lawsuit, making it easier for U.S. District Judge Reed O’Connor to issue the injunction.

The ruling declared that the Texas law is “unconstitutional and invalid” for individuals not lawfully present in the U.S. While this decision only affects Texas, it may encourage challenges to similar laws in about two dozen other states.

Paxton labeled this ruling a significant win for Texas. The law was originally created to help “Dreamers” — young undocumented adults — access in-state tuition if they met certain residency criteria. Today, around half of U.S. states have similar laws. However, with the recent lawsuit, the Trump administration appears eager to challenge these policies.

The lawsuit’s timing was notable, as it occurred just two days after the Texas legislature wrapped up its session, where a repeal bill had been discussed but did not come to a vote. U.S. Attorney General Pam Bondi emphasized that federal law prohibits schools from offering benefits to undocumented individuals that aren’t available to U.S. citizens.

According to the Presidents’ Alliance on Higher Education and Immigration, approximately 57,000 undocumented students are enrolled in Texas public universities, out of around 690,000 total students. Recent data shows a growing trend in states reconsidering their tuition policies for undocumented students. For example, Florida’s Governor Ron DeSantis recently signed a bill to repeal the state’s in-state tuition laws coming this July.

The differences in tuition rates are significant. At the University of Texas at Austin, residents pay about $11,000 per year, while non-residents face fees around $41,000. Additionally, costs for housing and supplies can add almost $20,000 more, making a college education financially challenging for many.

Supporters of the Texas law claimed it created a more skilled workforce and supported the state economy. Critics, however, have argued that it is unfair to legal residents. These debates have intensified since the policy was first introduced, with legislative attempts to repeal it facing mixed success.

Judith Cruz, the Assistant Director for EdTrust in Texas, said, “Ending Texas’s in-state tuition policy directly attacks the educational hopes of thousands of students who consider Texas their home.” As the discussion about immigration and education continues, reactions on social media are also vibrant, with many sharing personal stories and expressing frustration over these changes.

While this ruling has significant implications for Texas students, its effects may ripple through other states, shaping the future of education and immigration policy across the nation.



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