Austin, TX- A bill is currently making its way through the Texas Legislature that, in its current form, may require tens of thousands of current and former college students to pay out of state tuition fees, up to triple the cost of in state tuition.
H.B. 160 was the first bill proposed in the November 12, 2024, legislative session. The bill, introduced by Republican State Representative Terri Leo Wilson, would apply to current and former immigrants even if they have not obtained permission to live in the United States, who have been able to qualify for in state tuition costs after H.B. 1403 passed into law on June 16, 2001.
The bill is a proposed amendment to several sections of the current Texas Education Code. However, the National Immigration Forum’s — an immigrant advocacy group — did an analysis of the current bill and stated on their website, “Due to the broad language in the bill’s text, current and former undocumented students would likely be charged the difference between in-state and out-of-state tuition for all previous academic terms, whether or not they are still enrolled at a Texas public college or university.”
As per Section 54.057 of the Texas Education Code, the full resolution of these requested payments would be expected within a 30-day timespan, beginning on the first day of the semester following the signing of the bill into law.
If the bill were to pass with a two-thirds majority, the law would take effect at the end of the legislative session, on June 2. If the bill does not pass with a two-thirds majority, it will instead take effect on September 1.
These changes would be accomplished by making amendments to the existing code, adding that “A person who is not authorized under federal statute to be present in the United States may not be considered a resident of this state for the purposes of this title.” The proposed amendments would also completely remove the ability of all undocumented individuals to apply for residency, regardless of how long they may have been living within the state, as well.
The proposed change has already have some worrying, including the National Immigration Forum. Out of state students pay higher tuition rate because they do not generally contribute to the state tax system which funds much of the public university’s operating costs. Undocumented students, often do contribute to the state’s tax base making this reasoning incorrect.
Another point causing concern in the bill is a new subsection to Section 54.056 that would require colleges to report the student to campus police, or local law enforcement if the campus does not have their own police department, upon discovery of a student with an undocumented legal status.
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