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Austin Community College joined efforts to restore in-state tuition for undocumented students.
Austin Community College District
Civil rights groups have been piling on to intervene in the recent Texas court case that ended in-state tuition for noncitizens living in the state. Now Austin Community College and a Texas undocumented student are joining the effort to defend the now-defunct law.
College officials worry they’ll lose students and revenue if undocumented students’ tuition prices suddenly skyrocket. Austin Community College is the first Texas college to try to join the lawsuit.
The Texas Dream Act, which allowed noncitizens who grew up in the state to benefit from in-state tuition, was overturned last month after the Department of Justice sued Texas over the law. The state didn’t fight back and instead sided with the DOJ mere hours after the legal challenge. A week later, the Mexican American Legal Defense and Educational Fund, a Latino civil rights organization, filed a motion on behalf of a group of Texas undocumented students to intervene in the lawsuit. The group argued the swift resolution of the DOJ’s legal challenge denied those affected any chance to weigh in, so the students should become intervenors, or a party to the case, and have their day in court.
Other groups quickly followed MALDEF’s lead. Since last week, the American Civil Liberties Union of Texas, the Texas Civil Rights Project, Democracy Forward and the National Immigration Law Center have joined the fight, representing the activist group La Unión del Pueblo Entero, the Austin Community College District’s Board of Trustees and Oscar Silva, a student at University of North Texas. The groups filed emergency motions on their behalf to intervene in the lawsuit and get relief from the judgment that killed the law. If these legal efforts are successful, a case so quickly open and shut by Texas and the DOJ could be reopened.
Austin Community College board chair Sean Hassan said in a news release from the Texas ACLU chapter that college officials deserved to have their say on the policy shift.
“Employers and taxpayers are looking to community colleges to produce a sufficient number of highly skilled graduates to meet workforce needs,” Hassan said. “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.”
Calculating the Costs
In court filings, Austin Community College leaders argue that the institution will lose revenue because of the abrupt end of the Texas Dream Act. They estimated that about 440 students will see their tuition rates quadruple, and as a result, hundreds of students will stop out and prospective students will avoid enrolling in the first place. College leaders also argued in the motion to intervene that the need for scholarships will rise, putting extra financial pressure on the community college.
They cited other potential costs as well, including setting up new processes to identify and notify noncitizen students of tuition rate changes and ramping up public relations efforts so the college can continue to “market itself as an accessible, inclusive, and affordable institution for all Texas high school graduates,” despite the policy change.
“The loss of these students will have a cascading effect on campus life, academic programs, and student support services,” Austin Community College chancellor Russell Lowery-Hart said, according to court filings.
The motion also detailed how Silva, the student, would likely have to withdraw from his joint bachelor’s and master’s program at the University of North Texas if he lost his in-state tuition benefits. He was expected to graduate next spring. Silva has lived in Texas since the age of 1 and attended Texas K–12 schools.
“The Texas Dream Act means everything to me,” Silva said in the ACLU of Texas news release. “This law has made my education possible. Without it, college would’ve been out of reach for me as a first-generation college student.”
The motion comes after Wynn Rosser, commissioner of higher education for the Texas Higher Education Coordinating Board, sent out a June 18 memo directing colleges and universities to determine which of their students are undocumented and need to be charged higher tuition starting this fall.
Trouble Over Timelines
Texas, the DOJ and civil rights groups have since been haggling over how fast the U.S. District Court should move in response to the new motions.
The civil rights groups want a decision soon. But, in a joint submission to the court on June 30, the Trump administration and Texas argued emergency motions were uncalled-for and the legal proceedings shouldn’t be expedited, though they acknowledged the intervenors raised issues “which merit response.”
“Expediting responses to intervenors’ motions would only serve [to] put the United States and Texas at a disadvantage, having to brief and respond to intervenors’ myriad of arguments in a drastically shorter timeframe than would otherwise be necessary, and would do nothing to help intervenors expedite any potential relief,” the response read.
But the civil rights groups representing Austin Community College and other intervenors weren’t having it. On July 1, they asked that the court deny the request.
The attorneys argued that the state and the federal government moved quickly to resolve the DOJ’s lawsuit and end the Texas Dream Act, but “when asked to respond on an expedited basis to the consequences of their actions and the imminent harm raised” by the motions, “the parties balk, insisting that the court should postpone its consideration of these motions until well past the point when the looming harms become irreversible.”
That same day, Judge Reed O'Connor gave the Trump administration and Texas until July 14 to respond to the motion to intervene, which aligns with their requested timeline. He also delayed briefings on the motions to stay the judgement and for relief until he rules on the motion to intervene.
As this fight plays out in Texas, the DOJ is targeting other states that offer in-state tuition benefits to undocumented students. Last month the Trump administration filed similar lawsuits in Kentucky and Minnesota, which have yet to be resolved.
