Texas Dream Act Struck Down: What the Ruling Means for Undocumented Students and Families

The End of a Two-Decade Texas Dream Act Policy

In a landmark decision that could reshape access to higher education across the state, a federal judge has struck down the Texas law allowing undocumented students to pay in-state tuition rates at public colleges and universities. For over 20 years, this policy—often referred to as the Texas Dream Act—has opened doors for thousands of immigrant students seeking an affordable path to higher education.

As an immigration attorney in Houston, I’ve seen firsthand how policies like this one can change lives. This ruling, however, places new barriers before students who have lived, studied, and built their futures in Texas.

Young person asleep dreaming of a great and successful future.

What the Court’s Decision Means

The court ruled that the Texas Education Code Section 54.052, which permitted undocumented students to qualify for in-state tuition if they graduated from a Texas high school and lived in the state for at least three years, violates federal immigration law.

The judge’s decision essentially reclassifies undocumented students as nonresidents, meaning they’ll now face out-of-state tuition rates—often triple the in-state cost. This ruling affects students currently enrolled in public institutions as well as those preparing to begin college next semester.

According to the Houston Chronicle, universities have already begun the process of identifying and reclassifying affected students. The Texas Higher Education Coordinating Board has issued guidance requiring compliance with the ruling as early as the Fall 2025 semester.

The Broader Impact on Immigrant Families

For many immigrant families, this decision is more than a financial setback—it’s an emotional and social one. Texas has long been a state where education serves as a bridge to opportunity, regardless of immigration status.

Now, many young adults who have lived in Texas nearly their entire lives face uncertainty about their academic future. Without access to affordable tuition, some may delay or abandon college altogether. This decision could also discourage younger undocumented students from pursuing higher education.

In my Houston immigration practice, I’ve spoken with many families who fear that these legal shifts are just the beginning of broader restrictions. When laws begin targeting education—a cornerstone of opportunity—it often signals a tightening of other immigrant-related policies as well.

Legal and Policy Implications for the Future

This ruling may set a precedent for other states that have adopted similar in-state tuition laws for undocumented students, such as California, Illinois, and New York. If these laws are challenged, we could see a domino effect nationwide.

It also raises questions about state authority versus federal jurisdiction in immigration-related decisions. Historically, education policies have been determined at the state level. However, this case shows how federal immigration statutes can override those decisions, particularly when questions of “lawful presence” are involved.

The Texas Attorney General’s Office, along with advocates on both sides, is expected to appeal the ruling. Until then, universities must comply with the current order.

What Undocumented Students Can Do Now

While this ruling may seem discouraging, there are still steps undocumented students can take to continue pursuing education in Texas:

• Seek private scholarships that do not require proof of legal status. Many nonprofit organizations and private universities remain committed to supporting all students, regardless of immigration status.

• Explore DACA renewal and legal counsel. Deferred Action for Childhood Arrivals (DACA) recipients may still qualify for certain forms of aid and should stay current on renewal deadlines.

• Consult with an immigration attorney to review available legal pathways for status adjustment, such as family-based petitions or humanitarian relief.

• Stay informed and engaged. Advocacy groups and immigration lawyers are working toward legislative alternatives to reinstate access to affordable education for undocumented students.

  
  

A Call for Compassion and Reform

Education is not a privilege—it’s a foundation for building stronger, more inclusive communities. Denying in-state tuition to students who have lived and contributed to Texas society sends the wrong message about who we are and what we value as a state.

As an immigration attorney, I believe it’s crucial to balance the enforcement of immigration law with the moral imperative to support young people who aspire to learn, grow, and give back. This ruling reminds us that immigration law doesn’t just live in courtrooms—it affects real families, real futures, and the fabric of our communities.

The Fight Is Far From Over

While this ruling marks a setback for undocumented students in Texas, it also reignites the conversation about fairness, access, and opportunity. The legal battle will likely continue through appeals, and advocates are already mobilizing to restore the promise of education for all.

Until then, I encourage affected families to stay informed and seek guidance. In moments like these, knowledge truly is power—and every student deserves a chance to pursue their dreams.