In-State Tuition for Undocumented Students Looking Back and Moving Forward

MALDEF Mission Statement: Mission Statement: –MALDEF is the nation’s leading Latino legal civil rights organization. –Often described as the “law firm of the Latino community,” MALDEF promotes social change through advocacy, communications, community education, and litigation in the areas of education, employment, immigrant rights, and voting rights. Areas of Practice: Areas of Practice: –Immigrants Civil Rights –Voting Rights and Political Access –Education –Employment

Plyler v. Doe The United States Supreme Court has ruled that a child’s immigration status cannot prevent access to primary and secondary schools. Plyler v. Doe 457 U.S. 202 (1982)

Texas Dream Act (HB Rep. Noriega/ Sen. Van De Putte) Receive In-State Tuition Rate if student applicant: Receive In-State Tuition Rate if student applicant: 1)Graduates from a Texas high school or receives a GED after attending for three consecutive years; 2)Lives with a parent, legal guardian or conservator during that time; 3)Registers as an entering student in a higher education institution; and 4)Signs an affidavit stating that they will apply for permanent residency at the earliest opportunity they are eligible to do so.Attended and graduated from a Texas high school for 3 years. 4)Signs an affidavit stating that they will apply for permanent residency at the earliest opportunity they are eligible to do so. Attended and graduated from a Texas high school for 3 years. See Tex. Educ. Code Ann. § (a)(3) (Vernon 2006). See Tex. Educ. Code Ann. § (a)(3) (Vernon 2006). Amended in 2005 by SB 1528 Amended in 2005 by SB 1528

How it works? Applicants use a tax identification number or school provided number on the application if the student has no SSN. Submit an affidavit of intent. Submit a paper FAFSA to university financial aid office.

Adjustment of Status Possibilities Federal immigration law provides other statutory grounds by which undocumented immigrants may adjust their status, including the Violence Against Women’s Act; asylum, 8 U.S.C. § 1158; and cancellation of removal, 8 U.S.C. § 1229a to name a few DREAM Act (prospective) Comprehensive Immigration Reform (prospective)

Benefits of HB 1403 Help lower dropout rates and motivate those students to attain their full potential Help lower dropout rates and motivate those students to attain their full potential Place Texas in a better position to reap the benefits of a highly educated workforce in the event that the students adjust their immigration status. Place Texas in a better position to reap the benefits of a highly educated workforce in the event that the students adjust their immigration status. Compliance with Elementary and Secondary Schools Act (formerly NCLB)

Model of Other States California Utah New York New Mexico Kansas Oklahoma (modified) Illinois Washington Nebraska Connecticut Maryland

Clarity on Texas DREAM Act Does not have any impact on students entering on student visas (note SB 1009) Does not have any impact on students entering on student visas (note SB 1009) Does not have any implications as to admission eligibility Does not have any implications as to admission eligibility Does not provide work eligibility Does not provide work eligibility

Attacks on Texas Dream Act Litigation Litigation Legislation Legislation Rule Making Rule Making

Status of Litigation Kansas: Day v. Sebellius, out-of-state plaintiffs challenged a Kansas in-state tuition law on the grounds that it was pre-empted by Federal law. 376 F. Supp. 2d 1022 (Kan. July 5, 2005) Kansas: Day v. Sebellius, out-of-state plaintiffs challenged a Kansas in-state tuition law on the grounds that it was pre-empted by Federal law. 376 F. Supp. 2d 1022 (Kan. July 5, 2005) Status: Dismissed for lack of standing in 10 th Circuit Status: Dismissed for lack of standing in 10 th Circuit California: Martinez v. Regents of the University of California CA Case Number: CO54124 California: Martinez v. Regents of the University of California CA Case Number: CO54124 Status: Supreme Court rejected a challenge to AB 540, a California law that allows students who have attended California high schools for three years and received their diploma or GED to pay in-state tuition rates at public colleges and universities. Status: Supreme Court rejected a challenge to AB 540, a California law that allows students who have attended California high schools for three years and received their diploma or GED to pay in-state tuition rates at public colleges and universities.

IRCOT v. Texas The Immigration Reform Coalition of Texas (IRCOT) filed this lawsuit as taxpayers in a Texas state district court on December 14, 2009, claiming public funds are being used illegally and in contravention of federal laws. IRCOT withdrew its challenge to in-state tuition in May of 2011, but continues to challenge access to certain financial aid programs.

Legislation SB 1631, HB 464, HB 1238, HB 1387, HB 1857, HB 1927, HB 603, HB 623- attempts to repeal part or all of HB 1403 HB 22 and HB1553 Required K-12 schools to report immigration status of students HB 292 attempted to repeal birthright citizenship

Rule Making Texas Higher Education Coordinating Board looking into rules on affidavit of intent reporting

Moving Forward DREAM Act (Development, Relief, and Education for Alien Minors Act) – –Around 755,000 students could ultimately benefit under the DREAM Act – –Students must have entered the U.S. at age 15 or younger and must have been living in the U.S. for at least the five years before the act’s passage. The bill benefits students 29 and younger

Resource Organizations Intercultural Development Research Association League of United Latin American Citizens Mexican American Legal Defense and Educational Fund Texas Higher Education Coordinating Board Texas Association for Chicanos in Higher Education National Immigration Law Center

Luis Figueroa Legislative Staff Attorney David Hinojosa Regional Counsel MALDEF Contacts