As the Fall Semester starts, undocumented students are being met with changes to their financial aid due to a June court ruling.
The law that was overturned, called the Texas Dream Act, allowed certain undocumented students at Texas public universities to receive in-state tuition. The court overturned the 24-year-old law after a lawsuit from the U.S. Department of Justice, which claimed the act was unconstitutional. Texas Attorney General Ken Paxton declined to defend the law, effectively ending in-state tuition for most undocumented students.
“Today, I entered a joint motion along with the Trump Administration opposing a law that unconstitutionally and unlawfully gave benefits to illegal aliens that were not available to American citizens,” Paxton said in a statement. “Ending this discriminatory and un-American provision is a major victory for Texas.”
The ruling led to confusion at Texas public universities and university systems, as the state government has not released guidelines on how to comply with requirements. The new requirements include tracking the immigration status of students to ensure no undocumented individuals receive in-state tuition. Previously, Texas State did not track immigration status.
“Texas State University has established an email address, [email protected], to assist students who may have questions regarding the repeal of the Texas Dream Act,” Jayme Blaschke, a university spokesperson wrote in an email to The Star.
According to Blaschke’s email, as well as university records obtained by The Star, some undocumented students can remain eligible for in-state tuition. The requirements to retain in-state tuition include being registered for Selective Service if male, and receiving a competitive merit-based scholarship through the university.
“Under Texas law, a nonresident student who receives a competitive scholarship of at least $1,000 from a Texas public institution of higher education may qualify to pay in-state (resident) tuition rates,” a document summarizing a June 13 university meeting about the tuition changes stated.
The meeting document listed key requirements scholarships would have to meet to allow an undocumented student to receive in-state tuition. The requirements include: Being at least $1,000, being awarded by an “authorized scholarship committee,” being publicly advertised with a clear deadline and the selection and funding processes being controlled by the university. If those requirements are met, a student may be eligible for a waiver to receive in-state tuition for the term or semester covered by the scholarship, up to 12 months.
According to a July email chain between members of the Texas State University Cabinet, the number of waivers is capped at 5% of the university’s nonresident students, which includes both undocumented students as well as all other students from outside of Texas.
More about the waiver requirements can be found on the Texas Higher Education Coordinating Board’s website.
Initially, the university seemed unsure of whether recipients of the federal Deferred Action for Childhood Arrivals (DACA) would be eligible for in-state tuition. However, Blaschke said that DACA recipients can receive resident status, as long as they can provide documentation to show lawful presence in the U.S.
The Cabinet’s email chain listed several things other than in-state tuition that undocumented students are now ineligible for. The list includes automatic admission for those in the top 10% of their high school graduating class, the Bobcat Promise program and Texas State aid.
According to Blaschke, Texas State has provided the impacted students with other options, including fully online programs, which charge a flat tuition rate.
