OP-ED: CDF-Texas, Partners Warn U.S. DOJ-Texas Dream Act Lawsuit, Settlement Will Harm State’s Immigrant Students
CDF-Texas, Partners Warn U.S. DOJ-Texas Dream Act Lawsuit, Settlement Will Harm State’s Immigrant Students
A legal settlement between the U.S. Department of Justice and Texas, invalidating provisions of a law that allows undocumented students to receive in-state tuition, will also hurt the workforce and economy.
Media Contact:
John Henry, jhenry@
AUSTIN, TX—Children’s Defense Fund-Texas, youth and immigrant advocates, faith communities, and members of Texas’ business community warn a recent lawsuit and settlement between the U.S. Department of Justice (DOJ) and the state could harm both immigrant students and Texas’ economic future.
Last week, the DOJ filed a lawsuit against Texas, seeking to strike down provisions under state law that make certain undocumented students eligible for in-state tuition. The DOJ argues that Texas Education Code sections related to the Texas Dream Act violate federal law, specifically 8 U.S.C. § 1623. Within hours, Texas settled the lawsuit with the federal government by consenting to a court judgment under which the law was declared unconstitutional and the state is permanently prohibited from enforcing it.
Attorney General Ken Paxton characterized the law as unconstitutional and discriminatory toward U.S. citizens. However, CDF-Texas joined an open letter urging Attorney General Paxton to reverse course and take steps to support in-state tuition for undocumented Texas Dream Act students.
“The Texas Dream Act is legal, smart, and fair, which is why this policy has remained in place for more than 20 years and inspired 24 other states and the District of Columbia to implement similar legislation,” the letter reads. “Access to affordable higher education for eligible undocumented students under the Texas Dream Act benefits all Texans by ensuring that our state’s youth are equipped with the skills and knowledge they need to care for themselves and their families and contribute their unique capabilities to our culture, society, and economy.”
Each year, approximately 18,000 undocumented students graduate from Texas high schools. On average, out-of-state tuition rates in Texas are three times higher than in-state rates, so losing eligibility for an in-state tuition rate places higher education out of financial reach for many of these students.
“CDF-Texas strongly opposes this attack on access to higher education for immigrant students in Texas,” said Trudy Taylor Smith, Esq., Senior Administrator of Policy and Advocacy for CDF-Texas. “Every young person deserves the opportunity to fully develop their innate talents and work toward a hopeful and prosperous future. For more than 20 years, the Texas Dream Act has allowed tens of thousands of students to do just that. Setting up new financial barriers to higher education harms not only the individual futures of undocumented students, but the social and economic future of our state as a whole.”
###
| Instagram: | @childdefender1973 |
| Facebook: | @childrensdefensefund |
| X/Twitter: | @ChildDefender |
| Threads: | @childdefender1973 |
| Bluesky: | @cdf1973.bsky.social |
ABOUT CHILDREN’S DEFENSE FUND
Founded in 1973, Children’s Defense Fund envisions a nation where marginalized children flourish, leaders prioritize their well-being, and communities wield the power to ensure they thrive. The only national, multi-issue advocacy organization working at the intersection of child well-being and racial justice, CDF advances the well-being of America’s most diverse generation, the 74 million children and youth under the age of 18 and 30 million young adults under the age of 25. CDF’s grassroots movements in marginalized communities build power for child-centered public policy, informed by racial equity and the lived experience of children and youth. Its renowned CDF Freedom Schools® program is conducted in nearly 100 cities across 30 states and territories. Learn more at www.childrensdefense.org
