Undocumented Students Seek to Revive Texas In-State Tuition Law

WICHITA FALLS, Texas — A group of undocumented students is asking a federal judge to let them intervene in a case that struck down their access to in-state tuition at Texas public universities.

The request, filed Wednesday, aims to revive a long-standing Texas law that had allowed undocumented students to pay in-state tuition if they had lived in the state for three years and graduated from a Texas high school. These students must also sign an affidavit stating their intention to become U.S. citizens.

The motion follows a quick court decision a week earlier, when the U.S. Department of Justice filed a lawsuit claiming the 24-year-old law was unconstitutional. The state of Texas swiftly agreed with that claim and asked the judge to declare the law unenforceable. The entire process was concluded in less than six hours.

Concerns About Swift Ruling

Attorneys for the students argue that the lawsuit moved too fast and lacked transparency. They called it a “contrived legal challenge designed to prevent sufficient notice and robust consideration.” They are now asking U.S. District Judge Reed O’Connor to allow them to join the case and present arguments for keeping the law in place.

The Justice Department and the Texas attorney general’s office oppose the motion, saying the matter has already been resolved and the case is closed.

Judge O’Connor’s Role

Judge O’Connor, a George W. Bush appointee, is well known in legal circles and has often been chosen for lawsuits by the Texas attorney general’s office and conservative litigants. The Justice Department filed its lawsuit in Wichita Falls, where O’Connor hears all federal cases.

David Coale, a Dallas appellate attorney, said it might be difficult to convince the judge to reopen the case. However, if the motion is denied, the students could appeal the decision to the 5th U.S. Circuit Court of Appeals.

“The 5th Circuit’s obviously a very conservative court,” Coale said. “But part of that conservatism is a pretty limited view of the judicial role. So if they get a chance to argue their case there … they may have some luck.”

Students Feel the Impact

The reversal of the law is already affecting lives. According to the filing, one student may have to give up on attending medical school in Texas. Another is preparing to drop out of a master’s program in counseling. A third, who is training to become a teacher, may be forced to delay graduation and employment.

These students are represented by the Mexican American Legal Defense and Educational Fund (MALDEF), which called the fast-track ruling unfair.

“What happened last week – the invalidation of longstanding state law in the course of one afternoon – was an abuse of our judicial system,” said MALDEF President Thomas A. Saenz. “Those affected by the attempted invalidation have the right to be heard on the legality of the Texas Dream Act.”