Students who are not citizens or permanent residents of the United States and qualified for in-state tuition received a letter from the University on July 11 requesting documentation that could prove “lawful status,” according to a copy of the email obtained by the Texan.
Students who received this letter have until July 24 to submit their documentation. If they do not meet this deadline, they will be automatically reclassified as non-residents and will have to pay the out-of-state tuition rate.
This communication to students follows the end of the
Texas Dream Act
on June 4, which allowed undocumented students to pay in-state tuition rates. Two weeks after a federal judge struck down the law, the Texas Higher Education Coordinating Board
directed
schools to begin identifying students “not lawfully present,” who would need to be “reclassified” as nonresidents and pay out-of-state tuition rates beginning in the fall.
Under the 2001 Texas Dream Act, students who were not citizens or permanent residents were eligible for in-state tuition if they signed an
affidavit
intending to apply for permanent residency and met certain criteria: they lived in Texas for at least three years before graduating high school, and they lived in Texas the year before enrolling in a public college or university.
Students were instructed to either submit evidence of documentation, such as a U.S. passport, permanent resident card or visa through UT Box, or re-submit the Texas residency
questionnaire
, the email stated.
The Texas Higher Education Coordinating Board
previously told the Texan
it would not provide specific guidance to institutions on how to identify undocumented students.
A total of 755 students at UT signed an in-state tuition affidavit during fiscal year 2024, according to data obtained from the board. Across the UT System, 3,945 students signed an affidavit in 2024. UT-Austin had the second highest number of affidavit students, behind the University of Texas Rio Grande Valley.
A University spokesperson did not have information to share on what students could expect following submission of documentation, nor an estimated timeline regarding decisions for residency classification or financial aid.
At this time, institutions are not required to report to the board on how they will identify undocumented students, nor is there a plan for the board to verify institutional compliance, a spokesperson for the board said in an email.
Monica Andrade, director of State Policy and Legal Strategy with the Presidents’ Alliance on Higher Education and Immigration, said in an email that there are real concerns associated with the collection and retention of students’ immigration status data.
While this information is protected under the Family Educational Rights and Privacy Act, Andrade said institutions should not share the data without consent.
“Without clear state guidance, schools creating their own systems risk inconsistent practices and potential misuse of sensitive data,” Andrade said. “This can erode student trust and create legal and safety issues, especially for undocumented students.”
While
litigation
against the state is ongoing in an attempt to reinstate the Texas Dream Act, Andrade said future legal developments could lead to changes.
“Undocumented students who are unsure of how to move forward should reach out to trusted campus offices or community organizations for guidance and ask about steps they can take to remain on track with their education,” Andrade said. “Staying connected to accurate information and supportive networks will be important as the situation develops.”
