A new ruling on the Texas DREAM Act

Last Thursday, the notably conservative Fifth Circuit Court of Appeals rejected an appeal filed by a coalition of advocacy groups, Austin Community College, and affected student Oscar Silva to defend the Texas DREAM Act. This comes after a district judge ruled in June 2025 to end the 24-year state law. Gov. Greg Abbott praised last week’s decision on X, saying it secured “another major victory for the rule of law."

Rep. Rick Noriega authored House Bill (HB) 1403 during the 2001 legislative session. Before this bill there was no framework or state law allowing in-state residency status, which had financially barred most undocumented high school graduates from pursuing higher education. 

The bill passed in a 130-2 vote; a level of bipartisanship rarely seen in the Texas Legislature. Then-Gov. Rick Perry signed it into law, making Texas the first state to enact legislation allowing students without legal status to qualify for in-state tuition. 

To qualify, students had to meet specific criteria: 

• Graduate from a Texas high school or complete GED certification

• Be a dependent of either a parent or guardian residing in Texas 

• Have lived in Texas for at least three years before graduating high school

• Attend a Texas public university; and

• File an application seeking permanent residency in the United States. 

At its passage, the bill received immense support for the opportunities it provided for Texas students to pursue higher education and then support America’s workforce. However, as the political landscape of Texas and the broader United States became more conservative, the program grew heavily contested by Republicans. By 2015, the first repeal effort was introduced to the legislature.

In 2025, the Texas Higher Education Coordinating Board (THECB) instructed universities to identify and reclassify Texas students who wouldn't be considered “lawfully present” as non-residents and charge them out-of-state tuition.  Students have already received their tuition bills for the fall semester.

Now that the law has been struck down, many students in Texas are forced to grapple with their new reality. The Center for Migration Studies found that undocumented women are more represented on college campuses than their male counterparts, making the repeal’s impact more acute for them. Despite representing just 1.5% of all Texas college students, the state faces losing $461.3 million annually after this ruling. An unidentified student, who hopes to obtain their Ph.D. to study viral diseases, said the repeal of the Texas DREAM Act “adds to a growing list of obstacles that immigrant youth, undocumented young people like myself, are faced with.”

The coalition’s remaining option is an appeal to the U.S. Supreme Court, though it’s unclear whether that will be pursued.