Screenshot/Texas Senate
The Texas Senate is considering a bill that would prevent students without legal status in the United States from receiving financial support from the state to enroll at colleges or universities.
State Sen. Mayes Middleton, a Republican from Galveston who authored Senate Bill 1798, said during a committee hearing in Austin this week that it would amend state law so that students without legal status — including Deferred Action for Childhood Arrival (DACA) recipients — would also have to pay out-of-state tuition rates to attend universities or colleges in Texas.
“These are funds that could have been used to support lawful residents, perhaps even used to lower tuition or fees for citizens,” he said. “And we have all heard about the issues of tuition inflation in our public universities.”
The bill was left pending in the Senate Committee on Education K-16. It would need to be passed by the committee to get a vote by the full Senate, which could then reject the proposed legislation or approve it and send it to the Texas House for consideration.
Students without legal status currently can qualify for in-state tuition and financial aid through the Texas Dream Act passed in 2001. According to the American Immigration Council, Texas was the first of 25 states to pass this sort of legislation.
Former Houston-area state Rep. Rick Noriega authored the Texas Dream Act. During the committee meeting, he said the law was made for people who otherwise would not be able to afford to go to college.
“My intent was to just create an opportunity, not a subsidy,” he said. “Not a handout, but a hand-up. And then the rest of things works out based on competition and worthiness of people, their ability to produce, and make good with an opportunity.”
According to the Higher Ed Immigration Portal, a collaboration between more than 32 immigration nonprofits, Texas is estimated to have more than 56,000 students without legal status in higher education. The impact for each student could vary depending on their choice of college.
For example, tuition for a Houston Community College student would increase from nearly $2,000 for two semesters to more than $5,000 under the proposed law. Tuition at the University of Houston would go from nearly $12,000 to almost $30,000 for two semesters.
Cesar Espinosa, the executive director of FIEL Houston, a local immigrant advocacy group, testified against SB 1798 on Tuesday.
“I was one of those students,” he said. “Growing up, I had to work four jobs, and then go to school full-time, just to make ends meet.”
Those in support of SB 1798 said the Texas Dream Act is unfair to Texas students. Texans for Strong Borders President Chris Russo characterized the bill as a “long overdue correction”.
“It aligns with the clear will of Texas voters,” he said. “… By passing SB 1798, we can re-allocate state resources to serve Texans and send a clear message that Texas public colleges and universities are to serve Texans.”
In Florida, legislators voted to cancel in-state tuition for DACA recipients.
Multiple other Senate and House bills in Texas with similar language have been filed during the ongoing legislative session. House Bill 232 would prevent college students without legal status from establishing in-state residency, and Senate Bill 1205 would prohibit Texas school districts from using public funding to educate students without legal status.