Texas Teams Up with Department of Justice to Challenge State’s Tuition Discount for Immigrants
In a controversial move, the state of Texas has teamed up with the Department of Justice to challenge the Texas Dream Act of 2001, which provides in-state tuition rates for undocumented immigrants attending public universities in the state. The Trump administration has long been critical of the act, arguing that it violates federal law by providing benefits to undocumented immigrants. Texas Attorney General Ken Paxton has also voiced his support for the challenge, stating that the act unfairly benefits individuals who are in the country illegally.
The Texas Dream Act, also known as HB 1403, was signed into law by then-Governor Rick Perry in 2001. The law allows undocumented immigrants who have lived in Texas for at least three years and graduated from a Texas high school to pay in-state tuition rates at public universities and colleges in the state. Supporters of the act argue that it provides educational opportunities for deserving students who have grown up in Texas and consider it their home, regardless of their immigration status.
However, opponents of the act, including the Trump administration and Attorney General Paxton, argue that it violates federal law, specifically the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. This federal law prohibits states from providing any postsecondary education benefit to undocumented immigrants based on their residency in the state, unless the same benefit is available to all U.S. citizens.
The Department of Justice has filed a statement of interest in a lawsuit challenging the Texas Dream Act, arguing that the law is preempted by federal law and should be struck down. In a press release, Attorney General Paxton stated, “The Texas Dream Act is an unconstitutional attempt by the state to provide benefits to individuals who are in the country illegally. We must uphold the rule of law and ensure that our immigration policies are in line with federal law.”
Supporters of the Texas Dream Act have pushed back against the challenge, arguing that the law has been in place for nearly two decades and has helped thousands of undocumented students pursue higher education in Texas. They argue that the act is a compassionate and common-sense policy that benefits both the students and the state as a whole.
According to a report by the Migration Policy Institute, there are an estimated 1.7 million undocumented immigrants living in Texas, making up about 6% of the state’s population. Many of these individuals have lived in Texas for years and consider it their home, despite their lack of legal status. Supporters of the Texas Dream Act argue that denying these individuals access to in-state tuition rates would only serve to further marginalize them and limit their opportunities for success.
As the legal battle over the Texas Dream Act continues to unfold, the future of undocumented students in Texas hangs in the balance. Will the state be forced to revoke the benefits provided by the act, or will it be able to successfully defend its policy in court? Only time will tell, but one thing is certain – the outcome of this case will have far-reaching implications for the thousands of undocumented students in Texas who are hoping to pursue their dreams of higher education.