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The Trump administration is suing states with tuition breaks for eligible undocumented students. Could that happen here?
The Trump administration is suing states with tuition breaks for eligible undocumented students. Could that happen here?

Boston Globe

time09-07-2025

  • Politics
  • Boston Globe

The Trump administration is suing states with tuition breaks for eligible undocumented students. Could that happen here?

Advertisement Though the Massachusetts Department of Higher Education said it is 'not aware of any legal challenges' to the state's current law, a spokesperson for Attorney General Andrea Joy Campbell said her office 'will of course defend Massachusetts law should it be challenged.' Supporters of tuition equity for undocumented students are readying their argument for why the current policies are lawful, and seeking to educate the public about the benefits of in-state tuition for students who will enter the workforce and energize the economy. Miriam Feldblum, executive director of the Presidents' Alliance on Higher Education and Immigration, said she believes that in Massachusetts, there would be 'a state response to any lawsuit, so there is no danger of any imminent termination of tuition equity' here. Advertisement The swift ruling in Texas has In Massachusetts, Feldblum said, 'This is not the time to panic. This is really the time to prepare.' Challenges to in-state tuition laws The ' Currently, Massachusetts tuition law In Massachusetts, eligible non-US citizens who live here can access state higher education benefits through the Massachusetts Application for State Financial Aid, or The policies benefit young people who grew up in Massachusetts and want to build a future in the state, but lack legal immigration status. Eligible candidates must have attended high school in Massachusetts for at least three academic years and earned a diploma or the equivalent here, among other requirements. Student and family information is protected under state law, and the application does not ask for parents' immigration status. Who would be affected? Around 3,000 undocumented students graduate from high school every year in Massachusetts, Advertisement Some young adults brought to the United States as children gained access to in-state tuition, as well as protection from deportation, under the Obama-era Deferred Action for Childhood Arrivals (DACA) program. However, DACA is not processing new applications for these Dreamers. Tuition equity laws, like the one in Massachusetts, allow students in legal limbo to access the same in-state tuition benefits as their US-born classmates. 'They may have come here at an early age, they may have come here as teenagers, they may fallen out of status for different reasons,' Feldblum said. 'It's really focused on those students who have grown up in the community.' Lawsuits targeting tuition equity policies The lawsuits in In his April 28 executive order, ' The order asserts that providing in-state tuition rates to undocumented immigrants — but not out-of-state American citizens — is unlawful. 'Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to US citizens,' Advertisement Disputed claims The provision of federal law cited in Trump's executive order 'does not apply' to Massachusetts policy, said a spokesperson for Attorney General Campbell. 'Our law complies with federal law because it is not based on residency and it does not treat people differently on the basis of their immigration status,' said Campbell's office. It's important to understand the national context around in-state tuition laws, says Feldblum. States are not prohibited from allowing undocumented students to receive in-state tuition. However, federal law does bar states from providing higher education benefits based on residence to undocumented students, 'unless they provide the same benefit to US citizens in the same circumstances, regardless of their residence,' To comply with federal law, states that offer in-state tuition to undocumented immigrants do so on a basis other than residency. 'States have long had the authority to set in-state tuition policies that recognize the deep ties of immigrant students to their communities,' Feldblum said. 'These efforts to penalize states for expanding access to higher education are not only not legally grounded, but also practically misguided and harmful.' Mass. benefits for undocumented students Massachusetts law gives eligible undocumented students the same tuition breaks as any other in-state students. At the Providing undocumented students with tuition benefits In Massachusetts, 'DACA-eligible residents' contributed $41.5 million in state and local taxes and $68.6 million in federal taxes, Advertisement Equipping these students with postsecondary education also helps address Outlook for tuition laws 'DOJ will go state by state with these lawsuits,' said Dahlia French, a Texas-based immigration lawyer. 'They're setting a pattern by going to states that cooperate immediately, like Texas, but I expect there'll be pushback from blue states or red states more welcoming of undocumented students who meet state residency requirements.' Feldblum said it's 'important to connect the dots, and to understand that it's not about just one policy,' but part of 'a whole proliferation of policy actions that the administration is seeking to undertake.' 'No institution should change its policies on the basis of these threats,' she said. Material from the Associated Press was used in this report. Brooke Hauser can be reached at

Education associations file amended lawsuits as international students continue to face ‘unlawful' SEVIS termination
Education associations file amended lawsuits as international students continue to face ‘unlawful' SEVIS termination

Time of India

time28-06-2025

  • Politics
  • Time of India

Education associations file amended lawsuits as international students continue to face ‘unlawful' SEVIS termination

This is an AI-generated image, used for represntational purposes only. The 'unlawful' practices of terminating SEVIS records of international students based on visa revocations and alleged criminal histories continue, even as many records have been reactivated following lawsuits and favourable injunctions by district courts. In this backdrop, the Presidents' Alliance on Higher Education and Immigration, a coalition of over 570 campus leaders, together with the Association of Independent Colleges and Universities in Massachusetts (AICUM), has filed an amended lawsuit-complaint in the district court. It updates the original lawsuit-complaint submitted on April 24. These associations are challenging the unlawful mass termination of SEVIS records for F-1 students and participants in the Optional Practical Training (OPT) program. The lawsuit-complaint states that the US Department of State (DOS) has also misled affected students, and continues to do so, by sending emails falsely claiming they must leave the US immediately, even though visa status governs entry, and is inapplicable to whether an already-admitted student may remain in the country. DHS has since formalised a policy allowing SEVIS record terminations based on visa revocations, continuing this unlawful practice, it adds. Through this amended complaint, the associations are primarily asking the court to do three things: Hold unlawful and set aside the policy under which the mass visa revocations were carried out, and enjoin the government from using this practice again; Order the government to stop sending false and coercive emails to international students; and Hold unlawful and set aside the policy that purports to permit the termination of SEVIS records based solely on visa revocation. Miriam Feldblum, President and CEO of the Presidents' Alliance, stated, 'We are asking the court to prevent the government from engaging in similar actions in the future and to hold the agencies accountable for these unprecedented and damaging practices. The actions of the government have created chaos and fear. Even students whose SEVIS records have been reinstated continue to face uncertainty, unanswered questions about their education and career prospects, and ongoing vulnerability under the new policy. ' ' Colleges and universities have faced academic disruption, administrative burdens, and reputational harm, all of which compromise their ability to support international students. This instability jeopardises global talent recruitment, threatens academic freedom, and places undue strain on campus systems. Through this amended complaint, higher education is standing together to defend the rights and contributions of international students and scholars, whose presence, innovation, and ideas strengthen our communities and grow our economy,' she added. Rob McCarron, President and CEO of AICUM, stated: 'Our overarching goal for this litigation is to ensure due process, and that any changes to the SEVIS program be done in full compliance with statutory and regulatory procedures. More than 80,000 international students travel to Massachusetts to pursue a higher education, adding vibrancy and innovation to our campuses and often founding startups in Massachusetts. Providing due process, proper notice, stability and clarity – to students and the institutions that serve them – is critical so that everyone fully understands what needs to be done to enroll in a college or university in Massachusetts.' A joint release points out the significant role played by international students. In the 2023-2024 academic year alone, international students contributed approximately $44 billion to the US economy and supported more than 3,78,000 jobs. Yet policies like the one challenged in this lawsuit threaten to undermine our ability to attract and retain top global talent, harming not only individual students and campuses but also long-term economic strength, innovation capacity, and national security. Through this legal action, the higher education community reaffirms its commitment to international students and scholars.

What to know as Trump administration targets tuition breaks for students without legal status
What to know as Trump administration targets tuition breaks for students without legal status

Hindustan Times

time05-06-2025

  • Politics
  • Hindustan Times

What to know as Trump administration targets tuition breaks for students without legal status

AUSTIN, Texas — For two decades on Texas college campuses, it was a resilient law in the face of Republicans' hardening immigration agenda: in-state tuition prices for students who did not have legal resident status. But in a flash, the Texas policy that was the first of its kind in the U.S. was halted Wednesday, blocked by a federal judge hours after the Justice Department sued to dismantle it. Republican Texas leaders did not fight the challenge, but instead eagerly joined it. The surprise and quick end to the law, known as the 'Texas Dream Act,' stunned immigration advocates and Democrats, who called it a cruel punishment for hardworking students that will ultimately hurt the state's economy. Republicans cheered the outcome and U.S. Attorney General Pam Bondi suggested that states with similar tuition policies could face similar actions. The lighting ruling ended a Texas policy that had once enjoyed bipartisan support when it was created in 2001, helped tens of thousands of students get into college and spawned similar laws in two dozen states. Here's what to know: The Texas tuition policy was initially passed with sweeping bipartisan majorities in the state Legislature and signed into law by then-Gov. Rick Perry, a Republican, as a way to open access to higher education for students without legal residency already living in the state. Supporters then and now say it boosted the state's economy by creating a better-educated and better-prepared workforce. The law allowed students without legal resident status to qualify for in-state tuition if they had lived in Texas for three years before graduating from high school, and for a year before enrolling in college. They also had to sign an affidavit promising to apply for legal resident status as soon as possible. Texas now has about 57,000 qualifying students enrolled in its public universities and colleges, according to the Presidents' Alliance on Higher Education and Immigration, a nonpartisan nonprofit group of university leaders focused on immigration policy. The state has about 690,000 students overall at its public universities. The difference in tuition rates is substantial. For example, at the University of Texas Rio Grande Valley, a 34,000-student campus along the border with Mexico, a state resident will pay about $10,000 in basic tuition for a minimum full-time class schedule in the upcoming school year. A non-resident student will pay $19,000. 'UTRGV understands that the consent judgment may affect financial plans already made by individual students," the school said in a statement Thursday. "Our priority and focus are on minimizing disruption to student success consistent with applicable law and helping students navigate this transition with clarity and care.' The law stood mostly unchallenged for years, but it came under fire as debates over illegal immigration intensified. In the 2012 Republican presidential primary, Perry ended up apologizing after saying critics of the law 'did not have a heart.' The law withstood several repeal efforts in the Republican-dominated Legislature. In the legislative session that ended on June 2, a repeal bill did not even get a vote. But the ax fell quickly. On Wednesday, the Trump administration filed a lawsuit calling the law unconstitutional. State Attorney General Ken Paxton, a key Trump ally, chose not to defend the law in court and instead filed a motion agreeing that it should not be enforced. With the state administration aligned with the Trump administration, the law was suddenly struck down by a federal judge without even an argument on the lawsuit's merits or a response from the students affected. The Trump administration challenged the law in a border state where Gov. Greg Abbott, Paxton and the Republican leadership have given full-throated support to his immigrant crackdown efforts and have spent billions trying to help. The ruling also expanded efforts by Trump to influence higher education across the country. The administration has leveraged federal funding and its student visa authority to clamp down on campus activism and stamp out diversity, equity and inclusion initiatives. The ruling affected only the Texas law, but with nearly half of U.S. states having similar policies, Bondi suggested the administration could pursue similar action elsewhere. Florida Gov. Ron DeSantis recently signed a bill to repeal the law in that state in July. 'Other states should take note that we will continue filing affirmative litigation to remedy unconstitutional state laws that discriminate against American citizens,' Bondi said. Immigration lawyers and education advocates said they are assessing if there are legal avenues to challenge the Texas ruling. 'Make no mistake, advocates, students, campuses are not going to just take this,' said Miriam Feldblum, president and chief executive officer of the Presidents' Alliance on Higher Education and Immigration. 'But I have no doubt there will be an effort to do this .'

Federal judge blocks Texas law allowing in-state tuition for students without legal residency
Federal judge blocks Texas law allowing in-state tuition for students without legal residency

Hamilton Spectator

time05-06-2025

  • Politics
  • Hamilton Spectator

Federal judge blocks Texas law allowing in-state tuition for students without legal residency

AUSTIN, Texas (AP) — A federal judge on Wednesday blocked a Texas law that for decades has given college students without legal residency access to reduced in-state tuition, swiftly ruling in favor of the latest effort by the Trump administration to to crack down on immigration. Within hours after the Justice Department filed a federal lawsuit to block the 2001 law, Republican Texas Attorney General Ken Paxton filed a motion in support of the lawsuit, and U.S. District Judge Reed O'Connor issued a ruling that the law as applied to someone 'not lawfully present in the United States .... (is) unconstitutional and invalid.' 'Ending this discriminatory and un-American provision is a major victory for Texas,' Paxton said. Texas was the first state to pass a law allowing 'Dreamers,' or young adults without legal status, to be eligible for in-state tuition if they meet certain residency criteria. And while two dozen states now have similar laws, the Trump administration filed the lawsuit in conservative Texas, where Republican Gov. Greg Abbott and state lawmakers have long sought to support the president's hard-line goals on the border. The lawsuit and ruling also come just two days after the end of the state legislative session, during which a repeal bill pushed by group of Republicans was considered but ultimately did not come up for a vote. The lawsuit leaned heavily into recent executive orders signed by Trump designed to stop any state or local laws or regulations the administration feels discriminate against legal residents. 'Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,' U.S. Attorney General Pam Bondi said. 'The Justice Department will relentlessly fight to vindicate federal law and ensure that U.S. citizens are not treated like second-class citizens anywhere in the country.' Texas has about 57,000 undocumented students enrolled in its public universities and colleges, according to the Presidents' Alliance on Higher Education and Immigration , a nonpartisan nonprofit group of university leaders focused on immigration policy. The state has about 690,000 students overall at its public universities. Abbott did not immediately comment on the ruling. The lawsuit was filed in the Wichita Falls division of the Northern District of Texas, where Paxton and conservative litigants have often challenged the federal government and issues such as health care and gay and transgender rights. The Texas tuition policy was initially passed by sweeping majorities in the state Legislature and signed into law by then-Gov. Rick Perry, a Republican, as a way to open access to higher education for students without legal residency already living in the state. Supporters then and now say it boosts the state's economy by creating a better educated and better prepared work force. 'Targeted attacks on Texas students who are seeking an affordable college education, led by the Trump administration, won't help anyone, they only hurt us all,' said Luis Figueroa of Every Texan, a left-leaning public policy group. The difference in tuition rates is substantial. For example, at the flagship University of Texas at Austin, a state resident paid about $11,000 for the 2024-2025 academic year compared with about $41,000 for students from outside of Texas. Other expenses for housing, supplies and transportation can add nearly $20,000 more, according to school estimates. The law allowed for students without legal resident status to qualify for in-state tuition if they have lived in the state for three years before graduating from high school, and for a year before enrolling in college. They must also sign an affidavit promising to apply for legal resident status as soon as possible. But the policy soon came under fire as debates over illegal immigration intensified, and critics called it unfair to legal residents. In the 2012 Republican presidential primary, Perry ended up apologizing after saying critics of the law 'did not have a heart.' Legislative efforts to repeal the Texas law have repeatedly failed, but have started to gain traction elsewhere. Florida Gov. Ron DeSantis, a Republican, signed a bill this year that will repeal that state's in-state tuition law in July. 'Ending Texas's in-state tuition policy is a direct attack on the educational aspirations of thousands of students who have grown up in our communities and call Texas home,' said Judith Cruz, Assistant Director for the Houston Region for EdTrust in Texas, which advocates for education access for minority and low-income students. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .

Justice Department sues Texas over in-state tuition for students without legal residency

time04-06-2025

  • General

Justice Department sues Texas over in-state tuition for students without legal residency

AUSTIN, Texas -- The Justice Department on Wednesday sought to block a Texas law that for decades has given college students without legal residency in the U.S. access to reduced in-state tuition rates. Texas was the first state in the nation in 2001 to pass a law allowing 'Dreamers,' or young adults without legal status, to be eligible for in-state tuition if they meet certain residency criteria. Twenty-four states now have similar laws, according to the Higher Ed Immigration Portal, which tracks state policies on immigration and education. The lawsuit filed in Texas federal court asks a judge to block the law, which some state Republican lawmakers have sought to repeal for years. The lawsuit is the latest effort by the Trump administration to crack down on immigration into the country. 'Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,' said Attorney General Pam Bondi said. 'The Justice Department will relentlessly fight to vindicate federal law and ensure that U.S. citizens are not treated like second-class citizens anywhere in the country.' About 57,000 undocumented students are enrolled in Texas universities and colleges, according to the Presidents' Alliance on Higher Education and Immigration, a nonpartisan nonprofit group of university leaders focused on immigration policy.

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