Sudden Repeal Without Proper Process Would Deny an Estimated 57,000 Texas Students Access to In-State Tuition
Austin, TX – The Texas Civil Rights Project, Democracy Forward, American Civil Liberties Union (ACLU) of Texas, National Immigration Law Center, and the Dallas-based firm of Lynn Pinker Hurst & Schwegmann filed today a motion to intervene in ongoing federal court litigation — on behalf of La Unión del Pueblo Entero (LUPE), the Austin Community College District’s Board of Trustees (ACC), and college graduate student Oscar Silva — to defend the constitutionality of the Texas Dream Act against the U.S. Department of Justice (DOJ) and Texas Attorney General Ken Paxton.
On June 4, 2025, the Department of Justice (DOJ) sued the State of Texas to block the Texas Dream Act, a 24-year-old in-state college tuition law. Just hours after the DOJ filed the lawsuit — and without time for impacted individuals to express their concerns with the action — Texas Attorney General Ken Paxton entered into a consent judgment with the federal government.
In 2001, Governor Rick Perry signed the Texas Dream Act, a law passed with bipartisan support that guarantees access to in-state tuition and financial aid for persons (including non-citizens, permanent residents, and visa holders) who graduate from and complete at least three years in Texas high schools. Dreamers must sign an affidavit stating that they will apply to become permanent residents as soon as they have the legal path to do so. The Texas Dream Act honors that dreamers are part of our communities, invested in Texas, and that, when students are able to pursue higher education, the State continues to thrive.
In 2021, just over 20,000 students signed in-state tuition affidavits, making up 1.5% of students enrolled at Texas public colleges and universities and related institutions. These students add significantly to the overall tax revenue of the state and to the funding that institutions receive. Immigrants who hold a bachelor’s degree make more than double the salary of immigrants who do not hold bachelor’s degrees, which equates to an added $2,151 more in taxes per impacted person. The Dream Act has financially benefited Texas. Without the Act, it is estimated that the state’s economy will lose over $461 annually.
The order, which was agreed to without proper process, creates sweeping uncertainty for impacted students and colleges and universities as well. As students prepare to attend school in the fall, the failure of neither the DOJ nor the attorney general to defend the Texas Dream Act threatens their ability to afford tuition, and suddenly threatens their dreams of pursuing higher education.
By moving to intervene, these groups and individuals hope to challenge this abusive litigation strategy and defend the Texas Dream Act, which has enabled a generation of Texans to grow their careers and become leaders in our communities.
“The Texas Dream Act means everything to me,” said Oscar Silva, a Texas Dreamer asking to defend the law. “This law has made my education possible. Without it, college would’ve been out of reach for me as a first-generation college student. Because of this one Texas law, I was allowed to pay in-state tuition at public universities and join my high school classmates in college. I have been able to pursue several college degrees and build upon the academic foundation that’s allowed me to support a future for me and my family.”
“Taking away in-state tuition in Texas isn’t just a policy change—it’s a direct attack on undocumented young people. This decision doesn’t just hurt students. It crushes families. It fuels anxiety. It forces teens to choose between school and survival. No one should be punished for trying to build a better future,” said Tania Chavez, executive director of LUPE.
“Employers and taxpayers are looking to community colleges to produce a sufficient number of highly skilled graduates to meet workforce needs. If legislation or court decisions will impact our ability to meet these expectations, we should have a seat at the table to help shape responsible solutions. The action by our Board asks the court to ensure our voice is heard.” said Sean Hassan, ACC Board Chair.
“Earlier this month, the Texas Legislature declined to repeal the Texas Dream Act, which is a bipartisan, broadly supported law signed by a Republican governor that has been part of Texas law and tradition for more than two decades. Instead of defending the law of Texas, two days later, Attorney General Paxton colluded with the Trump-Vance administration to try to eliminate the law through the courts,” said Skye Perryman, president and CEO of Democracy Forward. “This maneuver is a misuse of the courts. If Attorney General Paxton will not defend Texans, we will. We are committed to ensuring that this cynical move is opposed, to defending the Texas Dream Act, and to supporting the courage of our clients.”
“The Texas Civil Rights Project is proud to stand with our Texas Dreamers, we’re not going to allow this sue and settle strategy by the Department of Justice and Attorney General Paxton to overturn the will of the people. Texas has always been at the forefront of economic opportunity in our country, and that includes young people – regardless of their citizenship status. Our state is stronger when every young person has the opportunity to learn and reach their full potential. Texas’ in-state tuition law has remained in effect for more than two decades, and the Texas Civil Rights project is ready to fight to ensure it remains the rule of law for years to come,” said Rochelle Garza, president of the Texas Civil Rights Project.
“Texas is an incredible state to grow up in, especially because of our access to excellent public higher education for all,” said David Donatti, senior staff attorney at the ACLU of Texas. “The Texas Legislature passed the Texas Dream Act with overwhelming bipartisan support because Dreamers represent the best of us in our classrooms, board rooms, and communities. While the attorney general normally would defend state laws, the decision not to means that somebody must. We are proud to advocate for our Dreamers alongside Texas schools and students.”
“The apparent abuse of the litigation process should alarm us all,” said Efrén C. Olivares, legal director at the National Immigration Law Center. “If the Trump administration and state officials can use this judicial process to end a decades-old, democratically adopted law, there’s nothing to stop them from using similar tactics to attack other policies and civil protections. This is a fight to protect access to higher education for all Texans, but also a fight to uphold one of the basic tenets of our democracy.”
“As a beneficiary of the Texas Dream Act, I am honored to have the opportunity to defend it in court,” says Andrés Correa, now a partner and trial lawyer with the Dallas firm of Lynn Pinker Hurst & Schwegmann.
To read the complaint, please click here.
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Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.
About Texas Civil Rights Project
The Texas Civil Rights Project is boldly serving the movement for equality and justice in and out of the courts. We use our tools of litigation and legal advocacy to protect and advance the civil rights of everyone in Texas, and we partner with communities across the state to serve the rising movement for social justice. We undertake our work with a vision of a Texas in which all communities can thrive with dignity, justice and without fear.
About the ACC Board of Trustees
The Austin Community College District (ACC) Board of Trustees represents residents of the ACC taxing district. As the publicly-elected arm of the College, the Board is responsible for setting policies that govern the College’s educational programs and providing high-level leadership to ensure ACC meets the evolving needs and workforce demands of the communities it serves.
About the National Immigration Law Center
Established in 1979, the National Immigration Law Center (NILC) is one of the leading organizations in the U.S. exclusively dedicated to defending and advancing the rights and opportunities of low-income immigrants.
About the American Civil Liberties Union of Texas
The American Civil Liberties Union (ACLU) of Texas works with communities, at the State Capitol, and in the courts to protect and advance civil rights and civil liberties for every Texan, no exceptions. Established in 1938, the ACLU of Texas is an independent affiliate of the national ACLU.
About Lynn Pinker Hurst & Schwegmann
Lynn Pinker Hurst & Schwegmann is a nationally recognized commercial litigation firm and has been ranked among the top five commercial litigation firms in Texas by the highly respected Chambers USA Guide to the Legal Profession for the past three years. The firm has received accolades from The Best Lawyers in America, Texas Super Lawyers, Benchmark Litigation, D Magazine and Texas Lawyer, and was awarded “Defense Win of the Year” in the U.S. by the National Law Journal, the only firm to receive that recognition twice.