Key takeaways
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- Proposed rules create confusion and hardship for Texas Dreamers seeking college access.
- Undefined “lawful presence” causes inconsistent guidance across institutions.
- Privacy risks arise from USCIS verification procedures in higher education.
- Students with prior affidavits should be grandfathered for fairness.
- IDRA urges clear, consistent, and equitable residency rules.
Resource from the Intercultural Development Research Association (IDRA), a nonprofit advancing education equity.
IDRA Testimony to the Texas Higher Education Coordinating Board on Proposed Rules Changes to Residency Determination (Title 19, Part 1, Ch. 13, Subchapter K, §§13.191–13.203) and Tuition Waivers & Exemptions (§13.465). Submitted by Chloe Latham Sikes, Ph.D., September 22, 2025
Dear Commissioner Rosser and Honorable Members of the Texas Higher Education Coordinating Board:
My name is Chloe Latham Sikes, Ph.D., and I am the deputy director of policy at IDRA, an independent, non-partisan non-profit committed to achieving equal educational opportunity for every child through strong public schools that prepare all students to access and succeed in college.
I am here to express our deep concern with the proposed rules on Residency Determination (Title 19, Part 1, Ch. 13, Subchapter K, §§13.191–13.203) and Tuition Waivers and Exemptions (§13.465).
As written, these rules threaten educational equity for Texas Dreamers, students who have grown up in Texas and graduated from our high schools and whose future contributions are vital to our state. Instead of clarity, the proposed rules create confusion, financial hardship and barriers to higher education.
Texas’ Legacy and the Current Crisis
In 2001, Texas became the first state in the nation to open college doors through the Texas Dream Act (HB 1403). It was a recognition that every Texas student deserves the chance to learn, succeed and strengthen our workforce.
But today, the undefined use of “lawful presence” leaves institutions guessing, leading to wrongful denials and uneven treatment of students. Parents and educators alike tell us they feel lost in the maze of new rules. Counselors are unsure of how to advise students. Families are blindsided by unexpected tuition bills. Universities have been unable to offer clear guidance or recourse. This lack of clarity turns the dream of higher education into a nightmare of uncertainty.
The Human Impact to Students’ Education and Privacy
We hear directly from families that parents are devastated because their children – who have done everything right – are suddenly told they no longer qualify for in-state tuition. Educators are frustrated because they cannot give students straight answers. And students are discouraged into dropping out, taking one class at a time or delaying their education indefinitely.
To add to this pain, the proposed rules allow institutions of higher education to adopt verification procedures with USCIS, which raises grave privacy concerns for student and family information. Texas higher education institutions should be protecting student information, not putting families at risk.
Grandfathering Students: A Matter of Fairness
Perhaps most urgently, we urge you to grandfather students who had affidavits on file prior to the June 4 court decision. These young people acted in good faith, made life choices based on existing law and should not have the rules changed midstream. Revoking their tuition status retroactively is unjust and jeopardizes years of effort. Texas cannot afford to lose these students, not because of their will or ability, but because of bureaucratic shifts outside their control.
Recommendations
IDRA urges the Texas Higher Education Coordinating Board to:
- Establish consistent rules for determining lawful presence using Texas DPS and DHS guidance to ensure uniform application across institutions.
- Revise or eliminate the Core Residency Questionnaire, which is outdated and burdensome.
- Protect student and family privacy by enforcing FERPA and prohibiting unnecessary collaboration with federal immigration agencies.
- Guarantee equitable access to financial aid and tuition waivers so students can complete their education.
- Grandfather students’ tuition rates at the in-state rate for students who had submitted residency affidavits prior to June 4, 2025, to protect their ability to continue their studies.
Conclusion
Texas students who have grown up in this state and contributed to their communities should not face uncertainty, financial hardship or administrative barriers due to unclear rules. The proposed regulations, as written, risk deepening inequities and restricting access to higher education. Texas colleges and universities must remain focused on educating students and strengthening our workforce, rather than serving as gatekeepers for federal immigration enforcement or creating obstacles to opportunity.
On behalf of IDRA, I urge you to adopt clear, consistent and fair practices that protect students, honor the commitment of families and educators, and ensure Texas Dreamers can continue to thrive and contribute to the future of our state.
IDRA is available for any questions or further resources that we can provide. Thank you for your consideration. For more information, please contact me, Chloe Latham Sikes, Ph.D., IDRA deputy director of policy at chloe.sikes@idra.org.
IDRA is an independent, non-profit organization led by Celina Moreno, J.D. Our mission is to achieve equal educational opportunity for every child through strong public schools that prepare all students to access and succeed in college.
FAQs on Texas Residency Rules and Dreamers’ College Access
Q: What changes do the proposed residency rules make?
A: The rules revise residency determination processes for in-state tuition and tuition waivers. As written, they introduce confusion, financial hardship, and new barriers for Texas Dreamers.
Q: Why is the term ‘lawful presence’ unclear?
A: “Lawful presence” is undefined in the proposed rules, leaving colleges and universities to interpret it inconsistently. This has led to wrongful denials and uneven treatment of students across Texas.
Q: How do the rules impact Texas Dreamers and their families?
A: Students who have grown up and graduated in Texas may suddenly lose access to in-state tuition. Families face unexpected costs, educators lack guidance, and many students are delaying or abandoning their education.
Q: What are the privacy concerns with USCIS verification?
A: The proposed rules allow higher education institutions to verify status with U.S. Citizenship and Immigration Services. This could expose sensitive student and family data, violating trust and creating risks for immigrant households.
Q: What does IDRA recommend?
A: IDRA urges the coordinating board to establish consistent rules, eliminate outdated forms, enforce FERPA, ensure equitable aid, and grandfather students with affidavits filed before June 4, 2025.
Q: Why should students with prior affidavits be grandfathered?
A: These students acted in good faith under existing law. Changing the rules retroactively is unjust and undermines years of work. Grandfathering ensures fairness and stability for students who relied on the Texas Dream Act framework.
Q: How does this testimony align with IDRA’s mission?
A: IDRA is dedicated to equal educational opportunity for every child. We believe Texas students deserve clear, consistent rules that honor families’ commitments and ensure Dreamers can thrive in college and beyond.
