A recent federal court ruling has made undocumented students no longer eligible for in-state tuition at Texas public colleges and universities. State officials are now directing schools to identify affected students and charge them the much higher out-of-state tuition rate, effective for the current semester.
The ruling ushered in a new reality of college admissions in Texas, bringing new consequences and leaving few options for undocumented students.
This sudden reversal of a 24-year-old law has created profound uncertainty and a financial crisis for thousands of hardworking Texas students. A knowledgeable Texas immigration lawyer can help families understand their options and navigate the changing legal landscape.
A Sudden Reversal: How a 24-Year-Old Law Was Struck Down
For more than two decades, a Texas state law allowed undocumented students who grew up in the state to build a future here by qualifying for in-state college tuition. In a sudden series of events, that law was struck down. The process was abrupt and has left families reeling.
It happened in two fast-moving steps. First, the U.S. Department of Justice (DOJ) filed a lawsuit against the State of Texas, arguing that federal law prohibits states from giving a benefit like in-state tuition to undocumented residents that is not available to all U.S. citizens. Texas state leadership chose to agree with the federal government's position, which led a federal judge to immediately issue a ruling that blocks the law, ending the program.
The second step happened almost immediately after the court ruling. The Texas Higher Education Coordinating Board, the state agency overseeing colleges, sent a letter to all public universities. This letter directed them to implement the court's decision by identifying students who were eligible under the old law and adjusting their tuition bills to the out-of-state rate.
The Immediate Fallout for Students Across Texas
This ruling and the subsequent directive from the state have created a crisis for current and future college students. The consequences are not abstract; they’re happening right now and affecting thousands of Texans who planned their futures around the old law.
Universities Directed To Identify Undocumented Students
Schools are being instructed to find out which of their students are undocumented and qualified for in-state tuition under the old law. This action has created significant confusion, as colleges didn’t previously need to track this specific information.
Your school may now try to identify you through documents you previously submitted in good faith. These documents might include:
- The Residency Affidavit: The sworn statement you signed promising to seek legal status is now a document that could be used to identify you.
- The TASFA Application: College officials may also review information from your Texas Application for State Financial Aid (TASFA).
- Other Enrollment Records: Schools may use other internal data to comply with the state's directive.
The Financial Shock
The most devastating consequence is the massive increase in cost. Out-of-state tuition at Texas public universities is often three to four times higher than the in-state rate.
This price difference, which can be tens of thousands of dollars annually, makes affording a college education challenging for most affected families. This impacts high school seniors applying now and students already enrolled in college.
Eligibility for state and institutional financial aid through the TASFA was tied directly to being classified as a Texas resident for tuition purposes. This door has also been closed since undocumented students no longer qualify for in-state tuition.
The grants and school-funded scholarships available through the TASFA are no longer an option for these students, creating another significant financial barrier.
Searching for a Path Forward in a New Landscape
The path to a degree from a public Texas university has become incredibly difficult, but it’s important to know what options, however limited, still exist. Your focus must now shift to alternatives that were previously considered secondary plans.
Private Scholarships
The single most important financial resource left is private scholarships. You must aggressively search for and apply to scholarships offered by private organizations and national foundations. Many of these scholarships don’t depend on your immigration status or your eligibility for in-state tuition.
Groups like TheDream.US and others that specifically support undocumented students are now your most critical financial lifeline.
Investigating Private Universities
The federal court ruling and state directive apply to public colleges and universities. Private universities in Texas set their own admissions, tuition, and financial aid policies. You can contact private schools directly to learn about their specific programs for students in your situation.
Some private schools offer significant institutional aid that may make them a more viable, though still expensive, option.
Re-Evaluating Community Colleges
Community college remains a less expensive option than a four-year university, but the new ruling affects these institutions as well. Undocumented students will still be charged the higher out-of-state tuition rate at a Texas community college.
While the total cost is still lower, the ruling makes the community college path significantly more challenging than it was before the court’s decision.
Explore Out-of-State or National Online Universities
The court ruling is specific to Texas law. There are many accredited, national online universities that have different tuition structures. Some of these institutions charge a flat tuition rate for all students, regardless of where they physically live.
Enrolling in a reputable online university allows you to earn a degree while remaining with your family in Texas. This path requires significant research into the accreditation and costs of different programs, but it presents a viable alternative to a traditional on-campus education.
This option allows you to continue working on your academic goals while simultaneously focusing on your long-term immigration strategy.
Consider a Strategic Gap Year
With the financial path to a public university now blocked for many, it may be time to consider pausing your educational plans for a year. A gap year doesn’t mean giving up; it means being strategic.
Use this time to shift your entire focus to the most critical issue you now face: exploring every possible avenue to secure a stable immigration status. Consult with an immigration attorney to conduct a deep analysis of your case.
This year can also be an opportunity for students with DACA and a work permit to work full-time and save money for future educational expenses.
A strategic pause allows you to work on the root problem, which may open more doors in the future than trying to force a college education against impossible financial odds right now.
How a Lawyer Helps You Confront This New Reality
In this new, hostile environment, an immigration lawyer’s role is more critical than ever. The focus has shifted from explaining the educational process to defending your rights and finding any viable path to a stable future. A lawyer is your strategic advisor and your shield.
Performing an Urgent Immigration Status Review
With the educational pathway blocked, the most important question is whether there is any other option for you to obtain legal status. An attorney can thoroughly review you and your family’s entire immigration history to see if a path exists through a family petition, a U-Visa for victims of crime, or another form of humanitarian relief.
Advising on Your Student Privacy Rights and University Appeals
As universities begin to identify students, you have rights. The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects your educational records.
A lawyer can clarify privacy rights and advise on responding to school demands for information or retroactive tuition changes.
You have the right to a due process hearing to appeal a university's decision, and a lawyer can represent you in that process.
Developing a Realistic Long-Term Strategy
If your goal is to build a secure life, an immigration lawyer helps you develop a realistic long-term plan. This may involve difficult choices, but having a clear-eyed strategy for pursuing legal status is the most powerful tool you have to take back control of your future.
FAQ on the New Rules for Undocumented College Students in Texas
Can My University Share My Information With ICE?
Generally, no. Your student records are protected by a federal law known as FERPA. This law prohibits your school from sharing your private information, including your immigration status, with ICE unless federal agents produce a judicial warrant or a subpoena.
Your application to a college is confidential and doesn’t automatically expose you to immigration enforcement.
I’m Already in College Under the Old Law. What Happens Now?
The state of Texas has instructed universities to begin charging out-of-state tuition for the current semester. This means you’ll almost certainly receive a much higher tuition bill.
Schools are still developing their exact procedures, but you have the right to a due process hearing to appeal the school's decision. A lawyer can advise you on how to handle this appeal.
How Does This Ruling Affect DACA Recipients in Texas?
DACA recipients are impacted in the same way as other students. The 2001 state law was the legal mechanism DACA recipients in Texas used to qualify for in-state tuition rates. With this law struck down, they’ll also face out-of-state tuition costs at public universities and community colleges.
Is My Old Residency Affidavit Going To Be Used Against Me?
State officials have suggested that these affidavits, along with TASFA applications, may be used by schools to identify students. While student privacy laws offer a layer of protection, an attorney can help you navigate these privacy concerns.
What Financial Aid Is Left If I Cannot Use TASFA?
For many students, private scholarships are now the primary hope for funding a college education. TASFA provided access to state and institutional grants, and with that path closed, you may need to find scholarships from private foundations, non-profits, and other organizations.
Could This Court Ruling Be Overturned or Changed in the Future?
Overturning a federal court judgment is a very difficult and slow process. It likely requires lengthy appeals to higher courts or the passing of a new law. However, the appeal seems off the table since the Texas Attorney General agreed with the DOJ.
While immigrant advocacy groups have pledged to challenge the ruling, students should assume that this decision is the law for the foreseeable future. Waiting and hoping for a political or legal change isn’t a reliable strategy.
The best immediate course of action is to make decisions based on the rules as they exist today.
I Am Already Taking Classes. Can the University Make Me Pay Back Past Tuition?
This issue is developing, but the immediate directive focuses on adjusting tuition for the 2025 fall and future semesters. Demanding that students pay back the difference for past semesters they have completed would likely invite legal challenges based on fairness and due process.
However, if you’re currently enrolled, you should be prepared for a significantly higher tuition bill for your next payment. If your university does make a demand for retroactive payment, contact an attorney immediately to understand your specific rights.
Your Ambition Is Not Unconstitutional
You worked hard, you followed the rules, and you earned your spot in a Texas high school graduating class. The sudden reversal of a long-standing law feels like the rug was pulled out from under you.
While the path to a college degree in Texas has become more difficult, your ambition, talent, and drive don’t have to diminish. The fight for your future may need to shift away from the admissions office to a new, more fundamental front.
A court cannot take away your right to dream and build a future. The Texas personal injury attorneys at Bailey & Galyen understand the battle you’re facing. We’re here to assess your options and fight for your future. Call us at (817) 345-0580 for a confidential consultation.