Advocates ask court for chance to defend Texas Dream Act, in-state tuition for immigrant students
Advocates, including Students for Affordable Tuition and Austin Community College, asked the 5th U.S. Circuit Court of Appeals to defend the Texas Dream Act, which provides in-state tuition for undocumented immigrant students, after a federal judge blocked it in 2023. The Texas Attorney General Ken Paxton and the Justice Department previously declined to defend the law, arguing it conflicts with federal immigration policy, while students claim the ruling violated their due process rights.
A coalition of immigrant-rights advocates, students, and Austin Community College filed an appeal with the 5th U.S. Circuit Court of Appeals on Thursday, seeking permission to defend the Texas Dream Act. The law, enacted in 2001 under Republican Governor Rick Perry, allows certain undocumented students who graduate from Texas high schools to pay in-state tuition. A federal judge blocked the law last year after the Justice Department sued, and Texas Attorney General Ken Paxton agreed not to defend it, citing conflicts with federal immigration law. The Texas Dream Act initially received bipartisan support and was designed to benefit students educated in Texas K-12 schools by making college more affordable. Eligible students must have graduated from a Texas high school, lived in the state for at least three years, and signed an affidavit pledging to seek permanent residency when eligible. Supporters argue the law helps integrate students into the workforce, while critics, including the Trump administration, have targeted it as part of broader immigration policy disputes. Students for Affordable Tuition, La Unión del Pueblo Entero (LUPE), Austin Community College, and graduate student Oscar Silva are leading the effort to intervene in the case. They argue their request should be granted under a more lenient legal standard, emphasizing the financial burden on students who now face higher tuition costs. The group claims many students, some already enrolled, will struggle to complete their programs due to the increased expenses. The Justice Department and Paxton’s office oppose reopening the case, arguing the law violates federal immigration priorities. U.S. District Judge Reed O’Connor, a George W. Bush appointee, previously rejected the advocates’ request to intervene, prompting the appeal. Thomas Saenz, lead lawyer for Students for Affordable Tuition, highlighted the rushed nature of the law’s overturning, stating it deprived students of due process. The 5th Circuit’s decision will determine whether affected students can continue defending the Texas Dream Act. If successful, the case could set a precedent for similar laws in other states, while failure may leave thousands of undocumented students facing significantly higher tuition costs. The appeal underscores ongoing tensions between state and federal authority over immigration and education policy.
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