After Dream Act reversal, undocumented students in Texas face tuition uncertainty

AUSTIN (Nexstar) — Nearly a week has passed since the Texas Dream Act was struck down, and schools still do not have clear answers about changes to undocumented student tuition rates.

Undocumented students lost the ability to receive in-state tuition Wednesday after the Trump administration sued Texas, accusing it of violating federal law. The administration said the Dream Act, which passed the Texas legislature with bipartisan support in 2001, was in violation of a 1996 federal law. Because Texas agreed, the suit was settled within hours, and it is unclear if the decision will be appealed.

For some undocumented students, the difference between in-state and out-of-state tuition at Texas public universities may be the difference between receiving a college education or not being able to afford one.

Edilsa Lopez is a recipient of the Deferred Action for Childhood Arrivals program and attended the University of Texas at Austin for her undergraduate degree. She said that because noncitizens are not eligible for federal aid, the Dream Act was essential for her ability to afford college.

“Having in-state tuition for us was such a blessing, because we didn’t have to pay three times the in-state tuition rate,” Lopez said. “Even then, we had a situation that was still very difficult for us, just because of the limited amount of financial aid available to us, undocumented students.”

The out-of-state tuition rate ranges from double to nearly quadruple that of in-state tuition, depending on the school. Out-of-state students at UT and Texas A&M University pay the highest amounts, over $40,000 per year.

Lopez was brought to the United States from Guatemala at age 12, fleeing poverty and homelessness. Even after arriving in the U.S., she said, she experienced homelessness after her mother had to leave the U.S., leaving Lopez to care for herself and her sister.

Lopez said going to college was transformative for her life, as she now works for a Fortune 500 company as an accountant.

“I was brought here [at a] very young age … and so education for me was very important, and I only had one thing in mind, which is to graduate from college,” Lopez said. “And so it was difficult in itself, but having in-state tuition and then graduating from college changed my life completely. I am now a professional financial accountant.”

While in high school, Lopez said she didn’t know about college, but her educators urged her to pursue it. She ended up in the top 10% of her class, making her eligible for automatic admission to most public universities in the state.

Now, Lopez worries for the undocumented students following in her footsteps. She said that even before the Dream Act was reversed, she at times struggled to pay for her education.

“At the very end, I wasn’t able to get all the money that I needed to graduate from college, and I almost dropped out,” Lopez said. “But it was thanks to my high school teachers who really supported me, and they always believed in my potential, that they sort of helped me and did a fundraiser for me.”

State Rep. Roman Romero, D-Fort Worth, shares Lopez’s concerns about the future for undocumented students — especially those who are currently in the middle of their college education.

Romero, who chairs the Mexican American Legislative Caucus in the Texas House, worries that Texas may lose good students to other states if they can no longer afford a college education in Texas.

“How would we not continue to support those that we have invested, likely over $100,000 into that child, if they were with us through K through 12,” Romero said. “It’s a lot of money to invest and then see them walk away and go to a different state. So we don’t want this talent to leave.”

State Sen. Carol Alvarado, D-Houston, pointed out the economic impact that allowing undocumented students to pay in-state tuition generates for Texas. She said in 2021 alone, 20,000 undocumented students paid about $80 million in tuition to state universities.

“I think … we’re going to take a financial hit from this, because these are students that may choose not to go to school,” Alvarado said.

One temporary solution, proposed by State Rep. Donna Howard, D-Austin, is for the Texas Higher Education Coordinating Board to give undocumented students a temporary designation that allows them to receive in-state tuition until the legislature can address the matter in its next session. Romero said he agrees with Howard.

In a statement, THECB Spokesperson Mike Eddleman said the agency does not have an update to share, but is looking into the matter.

“Currently, we are evaluating the scope of the ruling and are actively working to ensure that any THECB rules, policies, and programs comply with the law,” Eddleman said.

In the meantime, universities in Texas have to decide how to proceed with billing students for the fall semester. So far, most do not have updates to share.

University of Texas Rio Grande Valley spokesperson Melissa Vasquez said, in a statement, that the university understands the decision may affect students’ existing financial plans.

“As UTRGV continues its review of the impact of the consent judgment, students who may be affected will be notified directly,” Vasquez said.

A spokesperson for Midwestern State University said that MSU is currently reviewing the impact of the decision. A spokesperson for UT Austin said it did not have updates to share. The Texas A&M University System will hold a meeting Friday to discuss the change, according to a spokesperson from West Texas A&M University. Other public universities around the state did not respond to requests for comment.

The sudden nature of the decision not only complicates the path forward for universities and students, but it also raises eyebrows at the prospect of collusion between the federal government and the state.

Alvarado was frustrated by the timing of the decision, right after the legislative session concluded.

“It’s kind of like a boyfriend that cheated on you,” Alvarado said. “Everybody was recognizing the importance of keeping the in-state tuition for these students, and then as soon as we turn our backs and go home, then they circumvented the legislative process.”

Romero called the whole process “shady,” but said the path forward has to involve more than talking about the issue.

“We’re at a time when President Trump is really using every single lawyer at his disposal … to go around and circumvent the priorities of the state of Texas,” Romero said. “Am I upset? Yes, but we can’t just stay upset. We have to do something about it.”

Undocumented students will be faced with the reality of being charged significantly more for higher education, and possibly not being able to afford it, if lawmakers or THECB are unable to find a solution before the fall semester. For Lopez, who said she learned English specifically so that she would be able to get an education, that would have made a difference in her life trajectory.

“I mean, the only thing we want in this country is literally opportunity for an education,” Lopez said. “We want to be able to contribute back to the state we have lived here our entire lives.”