A North Texas district judge denied an emergency motion by civil rights advocacy groups on Friday to intervene in the lawsuit that blocked the Texas Dream Act, which granted in-state tuition, state financial aid or both to students without legal immigration status for the last 24 years.
The American Civil Liberties Union of Texas, the Texas Civil Rights Project, the Austin Community College Board of Trustees and a graduate student attending the University of North Texas originally filed the motion in late June, arguing the overturning of the law “circumvented democratic and judicial processes” and would result in “irreparable harm” for thousands of undocumented students who must now pay out-of-state tuition at a rate typically “three times higher” than in-state tuition, according to the motion. On Monday, the groups filed a motion to appeal Judge Reed O’Connor’s denial to the 5th Circuit Court of Appeals, where they await a decision.
O’Connor wrote in Friday’s decision that the groups failed to state a “plausible claim” to demonstrate their case, citing the supremacy of the “clearly-established” 1998 federal law that prevents people who are “not lawfully present” in the U.S. from receiving higher education benefits, like in-state tuition rates.
On June 4, the U.S. Justice Department sued Texas over the state law, and Texas Attorney General Ken Paxton joined the suit soon after. The June court decision directed universities to charge certain non-citizen students with out-of-state tuition rates if they could not provide evidence of lawful presence.
In compliance with a June memorandum, the UT Office of Strategic Enrollment Management sent letters to approximately 1,150 students between July 11 and July 24 requesting documentation of “lawful presence,” according to public records obtained by the Texan. In 2024, a total of 755 UT students qualified for in-state tuition after confirming they had lived in Texas for at least three years and signing an affidavit affirming they would apply for permanent residency as soon as possible, according to public records. A University spokesperson declined to comment on whether residency classification decisions for students were complete as of Aug. 13.
Adjustments for the fall can be made throughout the semester if students have new documentation to submit, according to University records.
At UT, the average in-state tuition rate is $11,678, compared to the nearly quadrupled rate of $42,778 for non-resident students, according to U.S. News and World Report. At this time, it is unclear how many UT students who previously qualified for in-state tuition under the Texas Dream Act will now have to pay non-resident tuition.
This is a developing story. The Texan will continue to update it as more information becomes available.
