Texas Dream Act goes to court over fight to restore in-state tuition for undocumented students

June 4, 2026 - 18:09

A legal battle over in-state tuition for undocumented students in Texas is moving to a federal appeals court, as advocates push to revive a law that was blocked last year. The Texas Dream Act, which allowed certain undocumented students to pay the same tuition rates as legal residents, has been at the center of a heated dispute since a judge halted it in 2024.

Supporters of the law argue that the lower court's decision unfairly targeted young immigrants who grew up in Texas and have lived in the state for years. They say these students, often brought to the U.S. as children, should not be punished for circumstances beyond their control. The law had been in place for over two decades before it was struck down, and advocates say its removal has created chaos for thousands of students who now face much higher tuition costs.

Opponents of the Dream Act claim the law violates federal immigration policy by offering benefits to people who are not lawfully present in the country. They argue that states should not step in where federal law has set clear boundaries.

Now, the Fifth Circuit Court of Appeals will hear arguments on whether the case can move forward. The plaintiffs are asking the court to restore the law while the legal challenge continues. A decision is not expected immediately, but the outcome could have major implications for undocumented students across Texas. For now, many families are left waiting and wondering if their children will be able to afford college at all.