Texas Ends In-State Tuition for Undocumented Students

Undocumented students in Texas will no longer qualify for in-state tuition at public colleges and universities after a federal judge struck down a decades-old state law on Wednesday. The decision comes after Texas leaders agreed with a Department of Justice lawsuit challenging the policy’s legality.

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24-Year Law Struck Down in Swift Court Action

Since 2001, undocumented students in Texas were allowed to pay in-state tuition if they lived in the state for at least three years before graduating from high school and signed an affidavit promising to apply for legal status. Texas was the first state to extend that benefit.

But this week, Texas Attorney General Ken Paxton moved to overturn the law just hours after the Justice Department sued the state. A federal judge quickly ruled in favor of ending the policy, calling it unconstitutional.

Texas officials praised the ruling. Supporters of the law, however, warned it would block tens of thousands of motivated students from affording college and devastate local economies.

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El Paso’s Colleges and Economy Could Be Hit Hard

In El Paso, where many undocumented students live, the financial impact on institutions like UTEP and El Paso Community College could be significant. According to data, more than 19,000 undocumented students in Texas were eligible under the now-defunct policy. Those students paid over $81 million in tuition and fees in 2021 alone.

Losing those students could not only shrink enrollment at border colleges but also cut into vital revenue. These students also tend to pursue degrees in high-need fields like nursing and education, both of which are already facing shortages.

Judith Cruz of EdTrust warned that removing access to higher education for undocumented Texans "undermines the economic and social fabric of our state."

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Experts Warn of Long-Term Economic Damage

Advocates and economists alike are sounding the alarm. One study estimates Texas could lose more than $460 million annually from lost wages and spending power due to this change. Students awarded scholarships through programs like TheDream.US say they may no longer be able to afford college at all.

In El Paso, where the border and binational community shape every aspect of life, this decision could have a ripple effect. Local leaders have yet to speak out publicly, but immigrant advocacy groups, including FIEL, say they plan to challenge the ruling.

As one student advocate put it, "This isn’t a handout. It’s a pathway that helped us build lives here. Taking it away changes everything."