Nearly 25 years after the so-called Texas Dream Act allowed illegal alien students to get in-state tuition rates, the state is finally reversing course. The Texas Higher Education Coordinating Board is now directing universities to identify and disclose their illegal alien students, for the purpose of reclassifying them as non-residents. The move by the state follows a federal judge's ruling from earlier this month that granted an injunction against the Texas Dream Act.
Texas Attorney General Ken Paxton sided with the Trump administration in seeking the injunction, refusing to defend the state law. "Ken Paxton was absolutely correct in saying this was not in compliance with federal law, it was imposing burdens on taxpayers, and was also denying educational opportunities to other deserving students," says Ira Mehlman with the Federation for American Immigration Reform (FAIR). "So Texas has now moved to correct this, and hopefully this will set a precedent for other states."
There have been many legislative efforts over the past two decades to end in-state tuition for illegals in Texas, including one in this last session. But it took the recent court action to finally get it done. Mehlman tells KTRH it should not have taken this long, since this is a matter of federal law. "In 1996, Congress enacted legislation that said any state that offers in-state tuition benefits to illegal aliens has to make that same offer available to any U.S. citizen, regardless of what state they're from," he says. "Texas has not been in compliance with that."
"They were giving benefits to people who are in the country illegally over citizens and legal residents of the United States, and that is a practice that needed to be ended."
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