Lawmakers are considering a proposal to repeal a 24-year-old Texas law that grants in-state tuition at public colleges and universities to students without legal authorization to be in the United States.
Senate Bill 1798, authored by Sen. Mayes Middleton, R-Galveston, would eliminate provisions of the 2001 Texas DREAM Act, which allows undocumented students who graduate from Texas high schools and have lived in the state for at least three years to pay in-state tuition.
Under SB 1798, those students must also sign an affidavit pledging to pursue U.S. citizenship when possible.
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A similar bill, House Bill 232, was introduced by Rep. Cody Vasut, R-Angleton, and would require students 18 or older to provide proof of application to become a permanent U.S. resident to be eligible for in-state tuition.
Under Texas law, U.S. citizens receive in-state tuition in Texas if they or their parents reside in the state for at least one year leading up to enrollment.
As the U.S. Department of Justice focuses on ramping up deportations for people living in the U.S. illegally, along with international students who protest on behalf of Palestinians against the state of Israel, Florida ended its own practice of offering in-state tuition for students in the country illegally — a move that Middleton says Texas should quickly duplicate.
“Senate Bill 1798 ensures that public funds are reserved for students with legal standing in the United States,” Middleton said during a Senate Committee on Education K-16 hearing Tuesday, adding that he believes the state loses $150 million annually by allowing non-citizen students to pay in-state rather than out-of-state tuition.
Texas was the first state to enact such a policy with its 2001 Texas Dream Act, which passed with bipartisan support. Currently, 24 states offer in-state tuition to undocumented students, and 19, including Texas, provide access to state financial aid, according to the Higher Ed Immigration Portal. Undocumented students are ineligible for federal financial aid.
Immigration advocacy groups have warned that the repeal would mean those students illegally in the country would have to pay out-of-state tuition, which is about three times higher than in-state tuition rates.
A study from 2023 by the American Immigration Council projects that Texas could lose $461 million annually if the law is repealed, citing increased earning potential from college-educated undocumented students, which boosts tax revenue and workforce needs.
