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• By Julieta Garibay • IDRA Newsletter • September 2025 •

After nearly a quarter-century of opening college doors to students, the Texas Dream Act was ruled unconstitutional and halted this past June. The Texas Dream Act offered a pathway for students graduating from a Texas high school, regardless of their immigration status, to access in-state tuition rates at state colleges and universities.

Now, thousands of Texas students’ college dreams hang in the balance.

Texas Was Leading the Nation

Before there was a state law, colleges like Dallas County Community College and Houston Community College created policies to allow undocumented students to pursue higher education affordably. Their leadership inspired legislators. In 2001, Rep. Rick Noriega (Houston) and Rep. Domingo Garcia (Dallas) authored and secured the passage of House Bill 1403, commonly known as the Texas Dream Act.

The measure passed with overwhelming bipartisan support. It established that if a student grew up in Texas, graduated from a Texas high school, and met certain requirements, including by submitting an affidavit to seek permanent residency as soon as eligible, they could qualify to pay in-state tuition rates. More than 20 states have since followed Texas’ lead.

For almost 25 years, the law enabled undocumented students to earn degrees, launch careers, support families, and contribute to Texas communities and the economy.

Students’ dreams are not a threat to anyone. Dreamer students are the embodiment of resilience and the promise of a stronger Texas.

Current Status of the Texas Dream Act

This spring, Senate Bill 1789 sought to repeal the Texas Dream Act. Once again, students and allies from business, education and immigrant rights groups spoke out. The bill failed to advance.

But the battle shifted. Just days after the legislative session ended in early June, the U.S. Department of Justice sued the state, seeking to end the Texas Dream Act. The Texas Attorney General sided with the department instead of defending the state’s own policy. Within a few hours, a federal judge ruled the Texas Dream Act unconstitutional.

U.S. District Judge Reed O’Connor permanently blocked access to in-state tuition and state financial aid for students in Texas who “are not lawfully present in the United States.” (See IDRA, 2025.)

Civil rights organizations and others filed motions to intervene in the decision. The organizations include Mexican American Legal Defense and Educational Fund (MALDEF), Texas Civil Rights Project, American Civil Liberties Union (ACLU), and National Immigration Law Center. But their motions were denied.

Appeals are now underway at the Fifth Circuit Court of Appeals. (Stay tuned to IDRA’s alerts and social media for updates.)

Institutional Fallout

On June 18, 2025, the Texas Higher Education Coordinating Board (THECB) instructed colleges to, by the fall 2025 semester, identify and reclassify Texas students who are not considered “lawfully present” as non-residents and to charge them “non-resident tuition” (out-of-state tuition). The agency issued a new affidavit form for students to indicate residency but provided no further much-needed guidance.

This left colleges scrambling. Some colleges chose to use the outdated residency questionnaires, disqualifying even lawfully present students. Others confused “lawful presence,” which is validated by a range of documents, with “lawful status,” providing misinformation and excluding students who are still eligible for in-state tuition rates. Timelines have varied widely, with some schools informing students of the reclassification on the day their tuition was due.

While a few institutions, such as Texas A&M University and Texas Tech University, have worked to minimize harm to students, most have not. The result has been havoc across campuses.

Human Cost of Cancelled Dreams

The greatest impact has been on students: valedictorians, scholarship recipients and first-generation college-goers. Many now face tuition bills three to four times higher than expected. For some, scholarships were revoked. Others lost access to state financial aid.

Families are heartbroken. Students who spent years saving money by waitressing, babysitting and mowing lawns cannot afford out-of-state tuition. Some have chosen to drop out entirely, while juniors and seniors are left with few transfer options to finish their college degrees.

The cost is not only individual. Texas loses when talented students are pushed out of college. Vacant seats in classrooms are not being filled. Instead, students simply disappear, erasing the contributions they could have made as professionals, leaders, educators, entrepreneurs, doctors and more.

Legal appeals will move forward in the courts, but students are already bearing the burden of the ruling. With its long history of legal and policy advocacy, research, and family engagement, IDRA is closely monitoring compliance across institutions.

Recommendations for Colleges

We are in what we call the “compliance phase” of this chaos, ensuring schools adopt consistent processes and fair timelines while providing accurate information to students and families. The following are IDRA’s recommendations for colleges and universities.

Adopt student-centered practices

• Follow the Texas A&M University model by applying the broadest possible standards to determine lawful presence under both state and federal categories. Ensure students who are still eligible for in-state tuition under the law are able to access it.
• Provide clear, consistent guidance with sufficient time for students to respond to classification changes.
• Designate trained staff to assist students in navigating new requirements.

Ensure transparency and compliance

• Publish step-by-step guidelines and FAQs.
• Comply with student privacy laws, such as the Family Educational Rights and Privacy Act (FERPA).
• Prevent and address targeted harassment or surveillance against students.
• Provide referrals to immigration law experts and resources.

Support students and families

• Recognize the tremendous contributions of immigrant youth and the devastating impact this repeal will have on Texas’ economy, workforce and communities.
• Ensure students can access alternative funds to complete their studies, such as institutional emergency funds or private scholarships.

IDRA’s Commitment

At IDRA, our mission is to achieve equal educational opportunity for every student through strong public schools that prepare all students to access and succeed in college. We are grounded in research, guided by community voices and committed to policy change.

We believe all children are valuable, and none is expendable. The Texas Dream Act embodied that belief. Its repeal is more than a policy failure. It is a profound injustice. Students who worked hard and dreamed big are now being told their futures do not matter.

Their dreams are not a threat to anyone. They are the embodiment of resilience and the promise of a stronger Texas. IDRA will continue to defend that promise, side-by-side with students, families, educators, and advocates across the state and nation.

Resources

IDRA. (June 5, 2025). Texas Dream Act Blocked – State Leaders Risk College Access for Thousands of Texas Students. IDRA Statement.

Education for All Texans. (2025). Texas Dream Act Resources.

Julieta Garibay is a senior strategist and consultant for IDRA. Comments and questions may be directed to her at garibay.julieta@gmail.com.

[© 2025, IDRA. This article originally appeared in the August edition of the IDRA Newsletter. Permission to reproduce this article is granted provided the article is reprinted in its entirety and proper credit is given to IDRA and the author.]