Texas Dream Act Struck Down After 25 Years, Ending In-State Tuition for Undocumented Students

A federal judge has ruled against the Texas Dream Act, which has provided access to higher education for undocumented students for the past twenty-five years. This decision comes in the wake of a lawsuit initiated by the Trump administration. 

A pivotal law enacted in 2001, which enabled specific undocumented students to access in-state tuition rates, has now been permanently halted, marking the conclusion of what many considered one of Texas's most important educational initiatives.

Former State Representative Rick Noriega first proposed the legislation after encountering Rosendo, a young aspiring aviation mechanic who faced financial barriers to attending out-of-state universities due to his undocumented status. 

The legislation received overwhelming bipartisan backing, with support from both Democrats and Republicans, including former Governor Rick Perry and the Texas Association of Businesses, leading to its passage with near-unanimous approval. Texas has made history as the first state in the United States to offer in-state tuition rates to undocumented students who are seeking citizenship.

On Wednesday, a judge in North Texas issued a ruling in favor of a lawsuit claiming that the Dream Act infringes upon federal law by providing benefits to individuals lacking legal status, which are not accessible to all U.S. citizens. Texas Attorney General Ken Paxton, who was part of the Trump administration's efforts to contest the law, described the ruling as a "major victory for Texas."

The announcement comes just two days following the conclusion of the 89th Texas Legislature, which adjourned without repealing the law, despite numerous attempts to do so. 

Critics argue that this situation highlights a deficiency in political commitment to address the needs of undocumented students, many of whom hail from low-income backgrounds and are trailblazers in their families by pursuing higher education.

Antonio Ingram, senior counsel at the Legal Defense Fund, highlighted the importance of the law, pointing out that approximately 57,000 higher education students in Texas are without legal status. “This will be a matter of existence for many,” he stated.

Rosendo, the individual who played a pivotal role in creating the original legislation, has since become a U.S. citizen. He is currently raising a family in Texas and has aligned himself with the Republican Party through his voting choices. “What we’re going to see now is—they won’t go,” 

Noriega expressed concern, referring to the numerous students who may now find college unaffordable.