Houston advocates at FIEL Houston say they will challenge the ruling in defense of ‘hard-working’ undocumented students in Texas.
Texas has officially ended its 24-year policy allowing undocumented students to pay in-state tuition at public colleges, following a federal court ruling that deemed the practice unconstitutional.
Federal Lawsuit Leads to Immediate Policy Reversal
On June 4, 2025, the U.S. Department of Justice filed a lawsuit challenging Texas’ policy, arguing it violated federal law by offering benefits to undocumented immigrants not extended to out-of-state U.S. citizens. Texas Attorney General Ken Paxton quickly aligned with the federal government’s position, leading U.S. District Judge Reed O’Connor to issue an injunction blocking the law.
Attorney General Paxton hailed the ruling as a “major victory for Texas,” asserting that it ends a “discriminatory and un-American provision.” U.S. Attorney General Pam Bondi echoed this sentiment, stating, “Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens.”
Impact on Students and Higher Education
The policy change affects approximately 20,000 undocumented students in Texas who previously qualified for in-state tuition by meeting specific residency and educational criteria. Advocates warn that the increased financial burden may force many to abandon their higher education pursuits, potentially leading to broader economic repercussions for the state.
Cesar Espinosa, Executive Director of FIEL Houston, criticized the decision.
“Without in-state tuition, many students who have grown up in Texas simply will not be able to afford three or four times the tuition other Texas students pay. This is not just.”
Espinosa, who benefited from the policy alongside his siblings, emphasized its role in enabling them to pursue successful careers in Texas.
FIEL has announced plans to challenge the court’s ruling through a new lawsuit, aiming to restore in-state tuition for undocumented students.
Prior to the court ruling, legislative attempts to repeal the in-state tuition policy had stalled. Senate Bill 1798, introduced by Republican Sen. Mayes Middleton, sought to revoke eligibility for undocumented students and impose retroactive payments, but it failed to advance.
“They deserve a right to go to college.”
In a recent interview, with FIEL co-founder Aura Espinosa, Cesar’s sister, she emphasized the real-life consequences the reversal could bring to immigrant students across the state.
“We know many people who are hard-working students, and they deserve a right to go to college and finish without worrying about their immigration status,” she said.
She warned that if in-state tuition is revoked, university enrollment could drop sharply.
“The enrollment will probably decrease and as the enrollment decreases; the less people will graduate because there will not be a lot of funds for them to cover to continue their higher education.”
Though universities would likely feel the immediate impact, Espinosa believes the ripple effect would extend much further.
“At the beginning it will impact universities but in the long run it can affect institutions as well as workplaces.”
The termination of the policy marks a significant shift in Texas’ approach to higher education access for undocumented residents and may influence similar policies in other states.
For more on the Texas Dream Act, stay tuned to Que Onda Magazine.
