A new bill moving through the Texas Legislature is sparking concern from civil rights advocates and higher education leaders. Senate Bill 1798, would eliminate long-standing provisions that allow certain undocumented students to qualify for in-state tuition and state financial aid, according to a press release by the Texas Civil Rights Project.
SB 1798, authored by Senator Mayes Middleton, proposes significant amendments to the Texas Education Code, specifically targeting tuition, financial aid, and residency status policies for public higher education institutions. The bill’s primary focus is to limit access to in-state tuition and state-funded financial aid for individuals not lawfully present in the United States.
“This is not just a policy change — it’s a door closing,” said Danny Woodward, Policy Attorney at the Texas Civil Rights Project (TCRP), which has publicly condemned the bill. “For many, this would mean the end of their college plans.”
Opponents of SB 1798 say the legislation undermines more than two decades of bipartisan policy that supported educational access for undocumented youth brought to the U.S. as children. These policies, rooted in the Texas Dream Act of 2001, are seen by many as a promise to Texas Dreamers.
“This bill would take away opportunities from hardworking Texas students who want to live, work, and give back to our state,” said Vivek Datla, IDRA education policy fellow. “This bill would break our promise to Texas Dreamers, it would weaken our workforce and our communities. We urge members of the committee to reject this bill and preserve current law.”
Sameeha Rizvi, representing the Council on American Islamic Relations Texas, added: “SB1798 effectively dismantles the Texas DREAM Act and closes the door on opportunity for many young Texans… I urge you all to reject SB1798 and instead support policies rooted in our religion, which is justice, mercy, compassion, and a commitment to all Texas students.”
Key Points of the SB 1798
- New Compliance Requirements:
- Public colleges and universities in Texas must not provide financial aid—including scholarships and grants—to individuals who are unauthorized under federal immigration law.
- Institutions must report compliance annually to the Texas Legislature and the Texas Higher Education Coordinating Board.
- The State Auditor is tasked with conducting periodic audits to ensure adherence.
- Public colleges and universities in Texas must not provide financial aid—including scholarships and grants—to individuals who are unauthorized under federal immigration law.
- Changes to Residency Determination:
- The bill removes prior residency qualifications, such as graduating from a Texas high school, if the individual is not lawfully present.
- It explicitly states that individuals unauthorized under federal law are not eligible for resident tuition classification.
- Colleges can reclassify students if new information affects their residency status.
- Students found to be misclassified may be held financially liable for the difference in tuition.
- The bill removes prior residency qualifications, such as graduating from a Texas high school, if the individual is not lawfully present.
Kristin Etter of the Texas Immigration Law Council emphasized, “These students are Texans in every way but paperwork, and keeping them on track helps our state, not hurts it.”
- Implementation Timeline:
- Residency and tuition changes take effect for the 2025–2026 academic year.
- Financial aid provisions apply to state funding starting in Fiscal Year 2026.
- Residency and tuition changes take effect for the 2025–2026 academic year.
Summary of Statutes affected by SB 1798:
1. Who can pay in-state tuition at Texas colleges (Sec. 54.052):
You can pay the cheaper “in-state” price if:
- You (or your parents) have lived in Texas for at least one full year before school starts.
- OR you went to high school in Texas for 3 years and lived in Texas the year before starting college.
2. What you need to prove it (Sec. 54.053):
You have to give the college:
- Dates showing how long you’ve lived in Texas.
- A statement saying you lived here to make Texas your home.
- If you’re not a U.S. citizen or permanent resident, you also need to promise you’ll apply to become one when you can.
3. Changing your status (Sec. 54.055):
If new info comes up, the college can change your status from in-state to out-of-state, or the other way around — but only before the deadline for that semester.
4. Mistakes in your status (Sec. 54.056):
- If a college wrongly says you’re a Texas resident, they’ll make you pay the correct (higher) price starting the next semester.
- If they wrongly said you were out-of-state, they’ll fix it and give back the extra money you paid.
5. If you didn’t tell the truth (Sec. 54.057):
If you didn’t give correct info or didn’t tell the college something important, and they let you pay less by mistake, you’ll have to pay back the difference. Until you do, they won’t give you your diploma or transcripts.
6. Cheaper prices near state borders (Sec. 54.0601):
Some colleges close to other states can ask for permission to offer lower prices to students from out of state if it helps the school and doesn’t hurt others.
If passed, the bill would mark a significant reversal of a policy that has been in place for more than two decades — a policy originally passed with bipartisan support and signed into law by Republican Governor Rick Perry in 2001.
SB 1798 proposes to end access to resident tuition rates and state-funded grants and scholarships for students who are not “lawfully present” in the U.S., regardless of whether they graduated from a Texas high school or have spent most of their lives in the state.
Broader Implications
Critics of the bill say the proposed change would disproportionately impact students who were brought to Texas as children, including DACA recipients, who could now lose access to higher education opportunities they have worked years to earn.
C. LeRoy Cavazos Reyna, a small business owner, said at the committee: “Senate Bill 1798 would roll back access to in-state tuition for DACA eligible Dreamers… This is a lasting impact and a policy that if reversed would have a grave economic impact.”
The bill goes beyond changing student eligibility. It includes compliance requirements that would penalize public colleges and universities found to be offering aid to undocumented students. Institutions that fail to comply could face cuts to future increases in state funding.
Economic and Moral Concerns
“This bill is an attack against a section of Texans that contribute positively to our state economically and culturally,” said Edwin Jahir Escamilla Flores, president of the Austin Community Colleges Student Government Association.
Opponents of the bill argue that removing access to education for undocumented students is not just a moral issue — it’s also an economic one. The students affected are often pursuing degrees in fields with labor shortages, including healthcare, education, and engineering.
“These students are not outsiders,” said Woodward. “They are future nurses, teachers, and community leaders — the very people Texas needs to strengthen its economy and meet workforce demands.”
If approved, SB 1798 would take effect starting in Fall 2025, impacting a new class of students and setting a precedent for future higher education policy in Texas. The Texas Civil Rights Project and other advocates are calling on legislators to reject the bill and preserve what they see as a fair and forward-thinking tradition in Texas education.
“I am a beneficiary of HB 1403… We are not asking for a handout. We are just asking for the same opportunity that every other taxpayer like us in the state of Texas gets,” said Abraham Espinosa from FIEL Houston.
Support for SB 1798: Fiscal Responsibility and Immigration Enforcement
Supporters of Senate Bill 1798 assert that the measure reflects fiscal responsibility and proper enforcement of immigration law. They argue that Texas taxpayers should not be responsible for subsidizing higher education benefits for individuals who are not lawfully present in the country.
Andrew McVeigh, representing Texans for Fiscal Responsibility, emphasized that SB 1798 addresses what he views as misuse of public funds: “SB 1798 is a common sense reform that ends the practice of Texans subsidizing benefits for individuals that are not lawfully present.” While this framing appeals to budget-conscious values, it omits a crucial consideration: many undocumented immigrants in Texas contribute to public revenue through mechanisms like sales tax, property tax (often through rent), and in many cases, payroll tax via ITINs. Excluding these residents from access to benefits they help sustain introduces a more complicated picture—one in which the idea of who is “subsidizing” whom becomes less clear-cut.
Christopher Russo of Texans for Strong Borders described the bill as a necessary fix for what he perceives to be a persistent inconsistency: “SB 1798 is a long overdue correction. It ensures that only those who are lawfully present in our state are eligible for resident tuition rates and financial assistance supported by Texas taxpayers… It aligns with the clear will of Texas voters.” Russo’s statement reflects a belief that legal status should determine eligibility for state benefits. Yet this binary overlooks the lived experiences of many undocumented individuals, who often reside in Texas for most of their lives and contribute to its economy and communities.
Fran Rhodes, the President of True Texas Project, echoed these themes, suggesting that in-state tuition is a privilege that should be earned through legal compliance: “We support SB 1798 to withdraw these benefits to illegal residents because rewards like in-state tuition should be reserved for legal Texans alone. To me, it is just wrong to reward people who have broken our laws.” For students who have grown up in Texas, attended local schools, and consider the state home, the idea of being denied educational support because of circumstances beyond their control complicates the moral clarity suggested in Rhodes’s statement.
As SB 1798 moves forward, it forces Texas to choose between preserving a legacy of educational access or redefining residency-based benefits. Civil rights advocates continue calling on lawmakers to reject the bill.
Denisse Molina of the Texas Civil Rights Project concluded: “Please vote no on SB 1798. Support programs that empower young people like me to reach their potential.”
