Texas Immigration Lawyer Blog

Texas immigration bills imperiled by time constraints, friction within GOP

Tom Benning of The Dallas Morning News reports that the immigration bills filed in Texas this legislative session "could fade away with a whimper." This excellent article examines the back story on these bills, and provides this summary:

AT A GLANCE: WHERE 3 KEY MEASURES STAND

1. Repeal of tuition law: Seeks to change the 2001 law that allows some students who are in the country illegally to pay college tuition at in-state rates.

Status: Out of Senate committee. May not have enough votes to be heard on Senate floor. No House committee hearing scheduled.

2. “Sanctuary cities” bill: Would bar local rules that prohibit police from asking the immigration status of people they stop.

Status: Out of Senate committee. May not have enough votes to be heard on Senate floor. No House committee hearing scheduled.

3. Interstate border security compact: Would potentially allow Texas and other states to enforce federal immigration laws — and perhaps to create their own border security force.

Status: Out of Senate committee. Prospects in full Senate unclear. No House committee hearing scheduled.

Keep in-state tuition for all Texas High School graduates. Oppose Texas SB 1819.

Currently the law allows students who graduate from a Texas High School and who have lived in Texas for 3 years to attend a Texas college or university at the in-state tuition rate. Texas led the nation by enacting this law in 2001 with bi-partisan support, and signed into law by Gov. Rick Perry.

A bill introduced in the Texas Senate (SB 1819) would change this law and require that undocumented students pay out of state tuition rates. The proposed bill changes Education Code §543.052 adding the following language:

 (c) 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 purposes of this title.

This would include students who have Deferred Action for Childhood Arrivals (DACA). 

The Bill Analysis for SB 1819  states that: 

Undocumented students who currently receive in-state tuition at a public institution of higher education with at least 30 hours of credit before the 2015-16 academic year will be exempt from the changes.

However, I don't find that exception in the proposed Bill. 

On Monday, the State Senate subcommittee on border security will have a hearing on SB 1819.  

United We Dream has a petition that you can sign opposing SB 1819.