The Texas Dream Act, a law that enabled certain illegal immigrants to pay in-state tuition rates, is at the center of a legal battle as advocates and students appeal to the 5th U.S. Circuit Court of Appeals. The law, which has benefited thousands of students since its inception, was blocked last year following a lawsuit by the Trump administration, with Texas Attorney General Ken Paxton agreeing not to defend it.

Background of the Texas Dream Act

Enacted in 2001 with bipartisan support, the Texas Dream Act allowed students who graduated from Texas high schools and met specific residency requirements to qualify for in-state tuition, regardless of their immigration status. The law was signed by former Republican Governor Rick Perry and aimed to make higher education more accessible to students educated in Texas K-12 schools.

However, the law became a target as political views on immigration shifted. The U.S. Justice Department argued that the Texas Dream Act violated a 1996 federal immigration law, which prohibits states from offering higher education benefits based on residency to individuals not lawfully present unless the same benefits are available to all U.S. citizens.

The Current Legal Battle

Students for Affordable Tuition, La Unión del Pueblo Entero (LUPE), Austin Community College, and student Oscar Silva are seeking to intervene and defend the law after U.S. District Judge Reed O’Connor blocked it. They argue that the law does not conflict with federal law because eligibility is not solely based on residency but also on graduation from a Texas high school and a commitment to seek permanent residency.

Paxton’s office maintains that defending the law would be futile due to its clear conflict with federal law. The case is now before Judges Jerry E. Smith, Don R. Willett, and Irma Carrillo Ramirez, with a decision expected in the coming weeks or months.

Impact on Students and Institutions

The Texas Dream Act has opened higher education opportunities for over 57,000 students. Advocates argue that ending the law could have significant economic repercussions for Texas, including reduced wages and consumer spending. The Texas Higher Education Coordinating Board’s directive to reclassify students has led to confusion, with some students, including those with Deferred Action for Childhood Arrivals (DACA), being charged out-of-state tuition rates.

If the court sides with the advocates, the case could return to the district court for further defense. If the court sides with Paxton and the Justice Department, the ruling blocking the law will remain in place.

Original reporting: Texas Tribune (HLL/CB) — read the source article.