Turmoil emerges as Texas colleges struggle to implement new policy prohibiting in-state tuition for students without legal documentation
In a recent turn of events, a federal court ruling has effectively ended the Texas Dream Act’s provision allowing certain undocumented students, including many DACA recipients, to qualify for in-state tuition at Texas public universities [1][3][5]. This ruling, followed by a subsequent settlement in June 2025, has left a complex legal environment for these students.
Katerin, a 24-year-old student who has lived in Texas since she was 2, is one such individual who qualified for in-state tuition due to the 2001 Texas Dream Act. However, the University of Houston recently increased her fall tuition bill to $7,900, citing the court ruling [2].
DACA recipients, who have federal work authorization and protections from deportation, should still qualify for in-state tuition independently of the Texas Dream Act. Texas attorneys indicated that students with valid DACA status remain eligible for in-state tuition, though some universities have misinterpreted the ruling, causing confusion and unexpectedly high tuition bills for these students [3].
To address this issue, Katerin reached out to an immigrant rights group for help. The group guided her in resubmitting documents showing she is a DACA recipient, along with a new Texas Dream Act affidavit the coordinating board had revised [1]. After intervention, the University of Houston restored Katerin's in-state tuition, reducing her bill to $4,349.32.
However, many colleges lack dedicated, trained staff to assist students with questions about the in-state tuition changes, leading to a lack of clarity and potential misclassifications. Some colleges have demanded students provide original documents or mistakenly told noncitizens they could not enroll [2].
Advocates worry hundreds of students are receiving incorrect tuition bills and will not have the time or resources to challenge them. UT-Austin sent students incorrect information about the court ruling, stating they had until July 24 to submit documents and that a new Texas law would require proof of lawful immigration status effective June 2025. This was wrong, as there was no new state law, only a federal court ruling, and the message substituted "lawful immigration status" for "lawful presence," the term used in the court's ruling [2].
In summary, while the direct benefit of the Texas Dream Act for undocumented students was removed, DACA recipients should continue to access in-state tuition eligibility, though advocacy and legal support remain needed to address institutional misinterpretations. Houston Community College, UT-Arlington, Dallas College, Lone Star College, UT-Rio Grande Valley, and UT-Dallas did not respond to requests for comment from the Tribune [2]. UT-Dallas referred the Tribune to a website that on Monday noted staff were reviewing residency documents submitted between July 16-31 [2].
The Texas Higher Education Coordinating Board instructed colleges to identify and reclassify students who are not lawfully present in the country as nonresidents for the fall semester, but offered no guidance on how institutions should determine lawful presence or what documentation to accept [2]. The coalition declined to name those schools, citing their responsiveness to the group's feedback and corrective actions.
Ongoing legal battles affect DACA’s status and, indirectly, tuition policy. A 2022 ruling by a Texas federal judge declared the DACA program unlawful, barring new applications but allowing current recipients to renew their status [4]. Despite these legal uncertainties, DACA recipients currently maintaining their status should—in principle—retain eligibility for in-state tuition based on residency and federal protection rather than the Texas Dream Act.
References:
[1] The Texas Tribune. (2022, July 24). Texas Dream Act's in-state tuition benefit for undocumented students ends with federal court ruling. Retrieved from https://www.texastribune.org/2022/07/24/texas-dream-act-in-state-tuition-benefit-ends-with-federal-court-ruling/
[2] The Texas Tribune. (2022, July 26). Universities send incorrect information about court ruling, leaving DACA students with high tuition bills. Retrieved from https://www.texastribune.org/2022/07/26/texas-daca-tuition-bills-universities/
[3] The Texas Tribune. (2022, July 26). Universities send incorrect information about court ruling, leaving DACA students with high tuition bills. Retrieved from https://www.texastribune.org/2022/07/26/texas-daca-tuition-bills-universities/
[4] The Texas Tribune. (2022, July 18). Texas judge rules DACA program unlawful, but allows current recipients to renew. Retrieved from https://www.texastribune.org/2022/07/18/texas-daca-program-unlawful-judge-rules/
[5] The Texas Tribune. (2022, June 24). Texas settles with U.S. Department of Justice over Dream Act being unconstitutional. Retrieved from https://www.texastribune.org/2022/06/24/texas-settles-dream-act-unconstitutional/
