Texas directs public universities to identify undocumented students
The move follows a federal court ruling that struck down the Texas Dream Act, a 2001 law allowing certain undocumented students who lived in Texas and graduated from a Texas high school to qualify for in-state tuition.
A student on the campus of Baylor University in Waco, Texas.
Texas recently directed its public universities to identify undocumented students so they can be reclassified and charged out-of-state tuition rates.
In a letter to university presidents obtained by the Texas Tribune, Texas Higher Education Coordinating Board Commissioner Wynn Rosser stated last week that undocumented students currently paying in-state tuition will face adjustments starting this fall semester.
The move follows a federal court ruling that overturned the Texas Dream Act, a 2001 law permitting certain undocumented students who lived in Texas and graduated from a Texas high school to pay in-state tuition.
Lack of legal clarity and identification challenges
"The real lack of legal clarity means that institutions have to come up with their own process," said Kasey Corpus, policy and advocacy officer for Young Invincibles, an organization advocating for policies that support young adults in the state.
On the other hand, Melanie Gottlieb, CEO of the American Association of Collegiate Registrars and Admissions Officers, told the Texas Tribune, “There is no simple way for an institution to determine whether a person is undocumented.”
Currently, it is unclear what documentation universities will require from students to verify their immigration status and who will have access to that information.
Gottlieb also noted that collecting information from students about their immigration status will likely change the college application process.
Law protects student identity
The key regulation in this case is the Family Educational Rights and Privacy Act (FERPA), which safeguards the privacy of students' education records.
Under FERPA, universities cannot disclose personal information—including immigration status—without the student’s consent.
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