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Ending in-state tuition for undocumented students will cost Texas millions

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Freda Ross
(Texas News Service)

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Immigrant rights groups have said they are considering legal action to restore a Texas law allowing in-state tuition rates for undocumented college students.

The move comes after the Department of Justice sued Texas and within hours, state officials complied without a fight. According to the U.S. attorney general, federal law prohibits schools from providing benefits to undocumented students not provided to U.S. citizens.

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Kelly Cobb, partner and business immigration attorney at the Jackson Walker Law Firm in Houston, said the law had been on the books since 2001.

"They get the same residence requirement as someone that was born here," Cobb pointed out. "I think it's more of a policy argument. These were children brought here and why should they be penalized and have to pay higher tuition?"

Texas was the first state to enact such a law to help young adults without legal status. Conservative legislators have tried to repeal the law for years. Cobb noted if an appeal is filed, a judge could allow the law to remain in effect through the appeals process.

Texas Attorney General Ken Paxton took partial credit for the legislation being overturned. The lawsuit was filed just days after the end of the legislative session, where a bill to repeal the law stalled after passing out of a Senate committee. According to the American Immigration Council, the state will lose an estimated $460 million a year in wages if the ban remains in effect.

"It's going to have a financial impact on the universities," Cobb explained. "Also, they're going to college so they are going to come out professionals with degrees, who should be earning more. So, they will make money; they will make jobs."

The move is part of the Trump administration's crackdown on illegal immigration. Currently, 24 states allow undocumented students to pay in-state tuition.