Texas Orders Colleges to Identify Undocumented Students: What It Means for Immigrant Access to Higher Education

In June 2025, Texas took a dramatic step in higher education policy: the Higher Education Coordinating Board directed public colleges and universities to identify students who are not “lawfully present” and reclassify them as nonresidents for tuition purposes. This abrupt shift comes on the heels of a court ruling striking down the Texas “Dream Act” — a law that had allowed many undocumented students to pay in-state tuition. https://www.kbtx.com+2Inside Higher Ed+2

As an immigration attorney based in Houston, I’m deeply concerned by this move—not just for its legal implications, but for the real lives it affects. In this post, I’ll walk through (1) what the directive demands, (2) the challenges it poses, (3) how this links to immigration law and policy, and (4) what students, families, and institutions should do next.

Students trying to study while fearing being identified.

What the Directive Requires

Texas’ new directive—issued via a June 2025 letter to college presidents—commands institutions to review students who were previously eligible for in-state tuition under Texas Education Code §54.053(a)(3), identify those who are not lawfully present, and reclassify them as nonresidents for the fall 2025 semester. presidentsalliance.org+3https://www.kbtx.com+3Inside Higher Ed+3

Under the new requirement:

• Students who had been receiving in-state tuition via affidavit or under the Dream Act must show documentation proving lawful presence to retain “resident” classification. The Daily Texan+1

• Those deemed not lawfully present will face nonresident (out-of-state) tuition rates—often multiple times higher than in-state rates. The Daily Texan+2Chron+2

• The directive does not provide detailed guidance on how institutions should determine lawful presence, leaving colleges scrambling to implement compliance. https://www.kbtx.com+2The Texas Tribune+2

Some institutions have announced they will begin requiring proof of lawful presence or documentation to confirm status; others remain uncertain how to proceed. The Daily Texan+2https://www.kbtx.com+2

Legal and Administrative Challenges

1. Lack of Institutional Mechanisms

For many Texas colleges, there is no system in place to collect or verify students’ immigration status. Student applications don’t typically require proof of lawful presence unless tied to financial aid or visa status. Inside Higher Ed+2The Texas Tribune+2

Because of this, colleges face practical and legal hurdles: how to identify undocumented students without violating privacy rules, and how to do this equitably and consistently.

2. Privacy and FERPA Concerns

Federal privacy regulations (FERPA) protect students’ educational records, including immigration status. The directive raises questions about how schools can comply without sharing sensitive data improperly or exposing students to legal risk. presidentsalliance.org+1

3. Unclear Definition of “Lawful Presence”

The new policy hinges on the concept of “lawful presence,” but the directive and existing state law provide little clarity about which immigration statuses qualify, which documents suffice, and how to process appeals or disputes.

4. Abrupt Financial Impact on Students

Students now face sudden increases in tuition costs—some estimates show their tuition could triple or quadruple. Many undocumented students already lack access to federal financial aid, so the reclassification threatens to put college out of reach entirely. The Daily Texan+3Chron+3Laredo Morning Times+3

Some students have reported confusion over communications, abrupt reclassification, and even loss of scholarships or housing because of the change. IDRA+1

How This Affects Immigration & Policy Beyond Education

Erosion of Opportunities for Integration

Access to higher education is a critical pathway for long-term integration and economic mobility. By removing access to in-state tuition, Texas is effectively closing a door that helped many undocumented youth contribute to society through careers, taxes, and civic participation.

Legal Precedent & State Authority

This shift underscores a broader tug-of-war between state authority and federal immigration law. If state agencies are empowered to reclassify based on immigration status, it signals expanded scope for states to impose conditions or restrictions linked to status.

Impact on Advocacy and Immigration Reform

When educational access is restricted, it also limits the constituency that can advocate for immigrant rights. Fewer degree-holding graduates, fewer advocates, and fewer leaders from immigrant backgrounds means diminished political influence.

What Students, Families & Institutions Should Do

For Students & Families

• Stay informed: Monitor communications from your college or university and ask for clear, written explanations if you are reclassified or asked for documents.

• Seek legal advice: Consult with an immigration attorney or a campus legal assistance office to understand options and protect your rights.

• Document everything: Keep copies of notices, requests, and communications—these may be needed later if a dispute arises.

• Explore alternative funding: Investigate institutional scholarships, emergency funds, or private aid where possible.

For Colleges & Universities

• Adopt a student-first approach: Ensure transparency, allow appeals, and give students sufficient time to respond.

• Train staff carefully: Registrar, admissions, and financial aid offices must be educated about the legal complexities of immigration and status verification.

• Use broad interpretations of lawful presence: Where ambiguity exists, interpret statutes in the way least harmful to students.

• Coordinate with legal experts: Seek counsel to navigate FERPA, privacy, and constitutional considerations before aggressively reclassifying students.

Final Thoughts

The June 2025 directive compelling Texas colleges to identify undocumented students marks a seismic shift in higher education and immigration policy. What was once a pathway for undocumented students to invest in their futures is now fraught with uncertainty, confusion, and fear.

As an immigration lawyer in Houston, I see the human cost behind these administrative edicts: talented students forced out of classes, families facing impossible bills, and communities losing future leaders. Educational policy is not separate from immigration policy—it is deeply connected to how we define inclusion, opportunity, and fairness.

In the weeks and months ahead, I will continue to monitor legal challenges and institutional responses, advocate for my clients, and raise public awareness about the implications of this change. If you or someone you know is affected by reclassification—or needs help understanding your rights—please reach out. You deserve clarity, fairness, and an advocate in your corner.