On June 4, 2025, the U.S. Department of Justice filed a lawsuit to overturn a long-standing Texas policy that allowed certain undocumented students to pay in-student tuition at public colleges and universities. The lawsuit, backed by Texas Attorney General Ken Paxton, misrepresents federal law and threatens the futures of thousands of Texas students. Every Texan joins advocacy groups in calling on the Attorney General to defend the Texas Dream Act and reject efforts to reverse policies that have made Texas stronger, smarter, and more inclusive.
“For over 20 years, legal and legislative attacks aimed at the Texas Dream Act have failed. Dreamers have a proven track record of success, and we know they only make Texas’ economy stronger. Targeted attacks on Texas students who are seeking an affordable college education, led by the Trump administration, won’t help anyone - they only hurt us all. We are committed to continuing our work with vital partners and look forward to our continued defense of this law and our Texan dreamers, anywhere that defense is needed.”
Luis Figueroa, Senior Director of Legislative Affairs at Every Texan Tweet
The DOJ’s lawsuit challenges provisions under Texas law that allow certain undocumented students to access 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. However, this lawsuit misunderstands the federal law.
8 U.S.C. § 1623 does not prohibit in-state tuition for undocumented students outright. It prevents giving a residency-based tuition break to undocumented students without also offering the same rate to out-of-state citizens. The Texas Dream Act complies with this statute because it requires students to have attended and graduated from high school or received the equivalent of a high school diploma and to sign an affidavit committing to adjust their immigration status when eligible. This carefully crafted policy is in compliance with federal law (8 U.S.C. § 1623) and has served as a model for 24 other states and D.C.. Access to in-state tuition for undocumented students in Texas is not based solely on residency. Eligibility requires graduating
from a Texas high school (or receiving an equivalent diploma) and signing an affidavit affirming intent to apply for lawful permanent resident status when eligible.
The Texas Dream Act has succeeded for more than 20 years with bipartisan support because legislators know it creates a path for Texas students whose track records underscore that our economy is stronger when dreamers complete college and enter the workforce. In 2021 alone, undocumented students contributed over $81 million in tuition and fees to Texas public colleges and universities. Removing these students from the higher education pipeline would widen workforce gaps at a time when Texas shoulders over 600,000 job openings.
Every Texan stands with our coalition partners in opposition to this attack on the Texas Dream Act and the dreamers who make Texas a brighter place. We call on Attorney General Paxton to reverse his course and defend these students, their futures, and the future of Texas.
Read the full letter here.
Signed, to date:
A Cause for Peace
ACLU of Texas
American Immigration Council
American Immigration Lawyers Association -Texas, New Mexico, Oklahoma Chapter
Asian Texans For Justice
Children’s Defense Fund-Texas
Communities In Resistance
EdTrust in Texas
Gonzalez Olivieri LLC
Immigrant Legal Resource Center
La Union del Pueblo Entero (LUPE)
Latino Texas Policy Center
League of United Latin American Citizens Council #85
Local Progress Texas
Mano Amiga SMTX
Mi Familia en Accion
National Council of Jewish Women TX
OPEIU Local 277
Opening Doors International Services, Inc.
Presbytery of New Covenant
San Antonio Hispanic Chamber of Commerce
South Central Conference of the United Church of Christ
South Texans for Reproductive Justice
Texans for Economic Growth
Texas Association of Mexican American Chambers of Commerce
Texas Civil Rights Project
Texas Immigration Law Council
Texas State Association of Electrical Workers
Texas Unitarian Universalist Justice Ministry
The Border Network for Human Rights (BNHR)
The Border Organization
The Church Lab
The Ethnic Studies Network of Texas
Thomas Esparza, Jr. P.C
United We Dream Network
UNT SJP Faculty & Staff Group
University Baptist Church
Vecinos Unidos DFW
Workers Defense Action Fund