In a ruling that shakes the migrant community, the U.S. Court of Appeals for the Fifth Circuit confirmed the death of the Texas Dream Act, a law that since 2001 allowed undocumented students to access in-state tuition at public universities. The decision, made by a 2-1 vote, leaves more than 57,000 young people in limbo and generates a political earthquake in the Lone Star State.
Judges Jerry E. Smith and Don Willett, of the conservative majority, determined that advocacy groups, Austin Community College, and a student had no right to intervene in the case to save the rule. Judge Irma Carrillo Ramirez, in the minority, voted against. The ruling upholds a previous lower court decision that blocked the law following an agreement between the state and the Trump Justice Department.
Greg Abbott, the Republican governor, did not hesitate to celebrate. On his X account, he wrote: «Texas and the Trump Justice Department just achieved another important victory for the rule of law. The Fifth Circuit upheld the end of in-state tuition for undocumented immigrants in the state.» A statement that further fuels the controversy in a country where the immigration debate is red-hot.
Texas Attorney General Ken Paxton also joined the chorus of celebration. In a statement, he said: «Today I filed a joint motion with the Trump administration to oppose a law that granted unconstitutional benefits to undocumented immigrants, benefits that were not available to U.S. citizens. Ending this discriminatory and un-American provision represents a major victory for Texas.» Paxton, who refused to defend the law in court, was key to the outcome.
The Texas Dream Act, known as HB1403, was passed in 2001 and allowed qualified students to pay the resident rate, which is three to four times cheaper than the non-resident rate. With its fall, not only the 57,000 already enrolled college students are affected, but also some 197,000 minors under 18 who are about to graduate from high school. A devastating blow to the aspirations of thousands of migrant families.
From Austin Community College, they tried to calm the waters with a lukewarm statement: «We remain focused on supporting all students and the community we serve.» But the reality is that the institution was part of the failed attempts to save the law, and now it must readjust its policies in the face of an adverse legal landscape.
The Fifth Circuit ruling, case number 25-10898, makes clear that state law was displaced by federal regulations, and that the plaintiffs had no right to appeal the original consent judgment. A judicial blow that, for critics, is another example of Trump’s hard line on immigration, while for its defenders it is a triumph of the rule of law.
Meanwhile, in Texas, the dream of thousands of young people fades. In-state tuition was their only chance to access higher education without falling into impossible debt. Now, with the law repealed, the future is tinged with uncertainty. Will there be a new legislative battle? Or will it be the beginning of the end for Texas dreamers? The controversy is just beginning.
al fin justicia loco abbott un capo para mi estos ilegales vienen a chorear nuestros impuestos y encima quieren estudiar barato que se vuelvan a su pais aca primero los de aca 🇺🇸
Para mí esto es una masacre. Abbott festeja como un hijo de puta mientras 57 mil pibes se quedan sin estudio. La educación es un derecho, no un privilegio manga de fascistas. Esto huele a limpieza étnica. Vamos a tener que prender fuego todo otra vez.