Battles Intensify Over In-State Tuition for Undocumented Students

As more states challenge laws allowing undocumented 'Dreamers' to pay in-state college rates, experts warn of dire consequences for access to higher education.

Apr. 11, 2026 at 12:20pm

Got story updates? Submit your updates here. ›

A brightly colored, high-contrast silkscreen print of a stack of college textbooks in vibrant neon shades, repeated in a tight grid pattern to conceptually represent the financial barriers to higher education for undocumented students.The rising cost of college tuition puts higher education increasingly out of reach for undocumented students as states eliminate in-state tuition benefits.Galveston Today

A growing number of states are moving to eliminate laws that allow undocumented students, including DACA recipients known as 'Dreamers', to pay in-state tuition rates at public colleges and universities. This change has forced many students to drop out or switch to more affordable community colleges, raising concerns about the impact on educational access and the future workforce.

Why it matters

In-state tuition policies have provided a crucial pathway to higher education for undocumented students who might otherwise be priced out of college. Eliminating these laws could have significant consequences, making it much harder for non-white and low-income communities to access postsecondary education and threatening the diversity of the future workforce.

The details

At least 22 states and D.C. currently allow undocumented students to pay in-state tuition if they meet certain requirements, such as attending a state high school for several years. This bipartisan policy gained traction after Texas passed the first 'Dream Act' in 2001. However, the political climate has shifted, and several states have now moved to revoke these tuition benefits. This has forced many students like Juan, a DACA recipient in Texas, to either pay much higher out-of-state rates or abandon their education plans entirely.

  • In July 2026, the U.S. Department of Education issued a new rule making undocumented students ineligible for certain federal education benefits.
  • Last summer, Texas eliminated in-state tuition for undocumented students.

The players

Juan

A 21-year-old Quest Bridge scholar who graduated from high school in Galveston, Texas in 2022 and is currently a senior at the University of Houston, where he has been able to continue accessing in-state tuition rates despite Texas' new restrictions due to his active DACA status.

Gaby Pacheco

The president and CEO of TheDream.US, an immigration rights nonprofit, who says years of work to ensure Dreamers had access to higher education through in-state tuition policies has been 'unwound' by recent state-level challenges.

Zuraya Tapia-Hadley

The CEO of the Dream Project, a Virginia-based nonprofit that awards scholarships to undocumented and other immigrant students, who is hopeful the state's in-state tuition law will remain in place despite a current legal challenge.

Linda McMahon

The U.S. Secretary of Education who announced a new federal rule determining that undocumented students are ineligible for certain education benefits, stating 'American taxpayers will no longer foot the bill for illegal aliens to participate in our career, technical, or adult education programs or activities.'

Got photos? Submit your photos here. ›

What they’re saying

“If I had to pay out-of-state tuition, it would have been a very tough financial spot for me and my parents. With only a year left, I didn't want to transfer.”

— Juan, Student

“The fact is that by causing students to abandon education pursuits entirely, that negatively impacts the entire community. By creating barriers, we would be jeopardizing our future workforce, our pipeline. It's a loss for all.”

— Zuraya Tapia-Hadley, CEO, Dream Project

What’s next

A U.S. Department of Justice challenge to Virginia's in-state tuition law for undocumented immigrants is currently awaiting a judge's decision, which could determine the fate of similar policies in other states.

The takeaway

The battle over in-state tuition for undocumented students reflects the broader political divide over immigration policy and access to higher education. Eliminating these tuition benefits could have far-reaching consequences, limiting educational and economic opportunities for marginalized communities and threatening the diversity of the future workforce.