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Texas Dream Act supporters sue to restore in-state tuition for undocumented students

Texas Dream Act faces court challenge after repeal
Texas Dream Act faces court challenge after repeal 02:25

There is a growing legal fight to reinstate the Texas Dream Act, which gave college students without legal residency access to reduced in-state tuition.

Several law firms and nonprofit organizations have filed a lawsuit against the state of Texas, arguing the law is essential for educational equity.

Student shares personal impact

Among those on the front lines is Oscar Silva, who came to Texas at the age of 1 and has called Garland home ever since.

"My senior year, I remember being terrified because I couldn't land any scholarships," Silva said. "A lot of the scholarships I tried to apply for were only for U.S. citizens, and so that was a significant barrier for me. For the longest, I thought I was just not going to be able to afford college."

With the help of the Texas Dream Act, Silva was able to attend the University of North Texas for his undergraduate degree. He said it also motivated him to pursue a master's degree.

Sense of belonging in college

"Throughout undergrad, I just remember feeling very, very happy that I could attend college, that I could sit in classes with my peers and pretend like everything was normal—that I belonged there just as much as they did," Silva said.

ACLU joins legal effort

The ACLU of Texas is among the groups working to restore the law.

"I feel like we have a very strong argument moving forward," said Valeria Alvarado with the ACLU of Texas. "And what I can confidently also say is that the Texas Dream Act is not going to go away without a fight."

Judge rules law unconstitutional

In June, a federal judge blocked the Texas Dream Act, calling it "unconstitutional and invalid."

Domingo Garcia, who was a state representative in 2001, helped write the bill, which passed with bipartisan support.

Supporters call repeal cruel

"It's been the law of the land, and attempts to repeal it over the years have all failed," Garcia said. "It's just really cruel, manipulative and mean-spirited what is being done by the attorney general and the DOJ."

Student balances school and advocacy

As the issue heads to court, Silva is balancing his final year in a master's program while also joining the group intervening in the lawsuit.

"I want to continue higher ed. I want to finish my master's. I want to see my degrees to the end," Silva said. "I've got to do whatever I can in my power to make sure that my education is not tampered with."

Tuition costs could double

Silva said without the Texas Dream Act, his tuition will nearly double.

According to the University of North Texas' online tuition calculator, a master's degree in accounting costs about $7,600 per year for in-state students. For out-of-state students—now including Silva—it's more than $12,600.

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