Following a federal court ruling that struck down a Texas law allowing illegal aliens to pay discounted in-state tuition rates, a group of state lawmakers has issued a stark warning to public university leaders: comply or face legal consequences.
In a letter sent Tuesday to the chancellors of the state’s public university systems—including the University of Texas, Texas A&M, University of Houston, Texas State, Texas Tech, and University of North Texas—State Rep. Mike Olcott (R–Aledo) and 29 fellow House members demanded an immediate halt to any policies granting residency-based tuition rates or state financial aid to individuals who are not lawfully present in the United States.
The letter follows a joint court filing last month in which the state of Texas conceded, alongside the Trump administration’s Department of Justice, that the Texas Dream Act, passed in 2001, violated federal law. The U.S. District Court for the Northern District of Texas subsequently issued a permanent injunction barring the state from enforcing those provisions.
“Texas colleges and universities are now legally barred from awarding any educational benefits based on residency—including but not limited to in-state tuition rates and state financial aid—if such benefits are not equally available to all U.S. citizens,” the lawmakers wrote.
While the letter acknowledges that some tuition waivers—such as merit or need-based scholarships—may still comply with federal law if they are equally available to out-of-state citizens, it warns university leaders not to exploit those exceptions as a backdoor for granting blanket in-state tuition to illegal aliens.
The lawmakers specifically target the Texas Application for State Financial Aid, a program intended for students who are ineligible for federal aid—many of whom are in the country illegally. They argue that TASFA now squarely falls under the category of prohibited benefits under the 1996 Illegal Immigration Reform and Immigrant Responsibility Act and the recent federal injunction.
The letter calls for university leaders to immediately cease any residency-based tuition or aid programs benefiting illegal aliens, provide written confirmation that their institutions are in compliance with federal law, and supply a full accounting of how many unlawfully present students are enrolled and what tuition rates they are receiving.
“Should any institution attempt to circumvent this requirement,” the lawmakers warn, “you risk exposing your institution—and yourselves personally—to legal liability.”
Senate Bill 1798 would have codified the repeal of in-state tuition benefits for illegal aliens. That legislation stalled in the final days of the regular legislative session in the Senate.
With the court decision now binding and federal law being enforced, lawmakers say the burden is on university leaders to ensure compliance.
