The debate over in-state tuition for undocumented students in Texas is heating up again—and this time, it might just change the lives of thousands of students who call the Lone Star State home. A new legislative push, Senate Bill 1798 (SB 1798), could strip undocumented immigrants of their eligibility for lower, in-state college tuition, a benefit they’ve had since 2001 under the Texas Dream Act.

Supporters of the bill argue it’s about fiscal responsibility and immigration enforcement. But critics say it’s a direct attack on students who were raised in Texas, graduated from Texas high schools, and see Texas as their only home. With the bill moving swiftly through the Senate, many families are scrambling to figure out what comes next.
Undocumented Students at Risk: Texas May Kill In-State Tuition Benefits
Key Points | Details |
---|---|
Bill Name | Senate Bill 1798 (SB 1798) |
Target Group | Undocumented students seeking in-state tuition at public colleges |
Proposed Change | Repeals Texas Dream Act provisions that allow in-state tuition |
Retroactive Penalties | May require students to pay difference between in-state and out-of-state tuition if status invalidated |
Loss of Aid | Prohibits state financial aid for undocumented students |
Residency Checks | Requires institutions to verify legal status and report misrepresentations |
Texas has long prided itself on grit, opportunity, and education for all. But with SB 1798 on the horizon, that promise feels shaky for thousands of undocumented students. This isn’t just a policy fight; it’s about real lives, real dreams, and the kind of state Texas wants to be. Whether this bill becomes law or not, one thing’s for sure: the debate is far from over.
What Is SB 1798 Trying to Do?
Backed by Republican Senator Mayes Middleton, SB 1798 takes aim at reversing the landmark Texas Dream Act passed in 2001, which made Texas the first state in the U.S. to let certain undocumented students pay in-state tuition.
Here’s the gist of it: if you’ve lived in Texas for at least three years, graduated from a Texas high school, and signed an affidavit promising to apply for legal status, you could pay the same tuition as any other Texas student. That could mean saving $10,000 to $20,000 a year compared to out-of-state rates.
SB 1798 wants to end that. If passed, it would make undocumented students pay full out-of-state tuition—and in some cases, pay back the difference retroactively if their eligibility is questioned later. Schools would also be legally required to verify every student’s immigration status.
Who Will Be Affected the Most?
This bill isn’t just a bureaucratic change. It hits close to home for the estimated 17,000+ undocumented students currently enrolled in Texas colleges under in-state tuition rules. Most of these students came to the U.S. as children, went to school in Texas, and are now trying to earn degrees in nursing, engineering, and teaching.
Take Maria Gonzalez, for example, a junior at the University of Texas Rio Grande Valley. She came to the U.S. when she was 4, graduated with honors from her Texas high school, and dreams of becoming a teacher. Under SB 1798, her tuition could double overnight, pushing her out of school.
Economic Consequences for the State
Opponents of SB 1798 argue it doesn’t just hurt students—it hurts Texas. According to the American Immigration Council, immigrant students who graduate contribute about $461.3 million annually to Texas’ economy. Cutting off access to education, they say, is like shooting ourselves in the foot.
Employers across Texas already face labor shortages, especially in healthcare and tech. Barring access to higher education could shrink the future workforce and slow down economic growth. And let’s be real: many undocumented students are more Texan than some lawmakers. They pay taxes, work part-time jobs, and even volunteer in their communities.
Why Now? The Political Backdrop
SB 1798 comes during a wave of immigration-related legislation sweeping through red states. The Texas Senate’s K-16 Education Subcommittee already gave it a thumbs-up, and it’s likely headed for a full Senate vote soon.
Governor Greg Abbott hasn’t officially weighed in yet, but he’s previously supported similar moves. So have other GOP leaders who claim the Texas Dream Act is a magnet for illegal immigration.
But here’s the thing—this debate isn’t new. Every few years, lawmakers try to repeal or modify the Texas Dream Act, but it’s survived because of strong bipartisan support and powerful testimonies from students, educators, and even military veterans.
What Students and Parents Can Do Right Now
If you’re a student or parent worried about SB 1798, here’s what you can do:
- Stay Informed: Track the bill’s progress via the Texas Legislature website.
- Talk to Financial Aid Offices: Ask about alternative funding or scholarships not tied to state funds.
- Organize and Speak Up: Reach out to local representatives and share your story. Public testimonies matter.
- Know Your Rights: Legal aid groups like RAICES and United We Dream offer free or low-cost immigration legal services.
The Bigger Picture: How Other States Handle This
Texas may have been the first, but it’s not alone. Today, 23 states and Washington, D.C. allow in-state tuition for undocumented students. Some, like California and New York, also offer state-funded scholarships.
On the flip side, states like Arizona and Georgia have actively barred undocumented students from receiving in-state tuition or even enrolling in public universities.
If Texas rolls back its policies, it could signal a broader national trend, possibly affecting millions of DREAMers across the country.
Frequently Asked Questions (FAQs)
Q1: What exactly is the Texas Dream Act?
The Texas Dream Act, passed in 2001, allows certain undocumented students to pay in-state tuition rates if they meet residency and graduation requirements and sign an affidavit toward legal status.
Q2: Will SB 1798 affect current students or just new applicants?
If passed, SB 1798 could apply retroactively, meaning students currently paying in-state tuition might have to pay the difference or face holds on their diplomas.
Q3: What are the financial implications for students?
In-state tuition can be $10,000 to $20,000 cheaper per year than out-of-state tuition. Losing that benefit could force many to drop out.
Q4: Is there any legal challenge being considered?
While no official lawsuits have been filed yet, civil rights organizations are closely monitoring the situation and preparing for legal action if needed.
Q5: Can students get private scholarships if state aid is banned?
Yes. Many private foundations and nonprofits offer scholarships to undocumented students. Check platforms like TheDream.US and Scholarships A-Z.