USA v. Students-Texas Dream Act Amicus   

Updates

  • November 5, 2025: The Presidents’ Alliance submits amicus in support of intervenors

Summary

On June 4, 2025, the U.S. Department of Justice filed a lawsuit against the State of Texas seeking to invalidate the Texas Dream Act, a state law enacted in 2001 that provides in-state tuition rates at Texas public colleges and universities to eligible high school graduates, regardless of immigration status. The lawsuit argued that the Texas Dream Act conflicts with provisions of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act.

Rather than contest the case, the State of Texas and the federal government entered into a consent judgment, jointly asking the U.S. District Court for the Northern District of Texas to declare the law invalid. Later that same day, the court issued an order enjoining the Texas Dream Act, finding it unconstitutional under the Supremacy Clause of the U.S. Constitution, without holding a hearing.

Following the decision, several parties directly affected by the ruling, including La Unión del Pueblo Entero, Austin Community College, Oscar Silva, and Students for Affordable Tuition, filed motions to intervene in the case. The district court denied those motions, and the proposed intervenors subsequently appealed to the U.S. Court of Appeals for the Fifth Circuit, where the case is currently pending.

Presidents’ Alliance Amicus Brief

The Presidents’ Alliance submitted an amicus in support of appellants in the U.S. Court of Appeals for the Fifth Circuit. The brief emphasizes the national importance of maintaining access to affordable higher education for all students, regardless of immigration status, and highlights the broad educational and economic benefits of inclusive tuition policies.

The brief also outlines how tuition equity policies expand opportunity, strengthen higher education institutions, and contribute to the nation’s economic vitality. It explains that removing access to in-state tuition would harm students, reduce enrollment, increase administrative burdens, and weaken the country’s long-term competitiveness by shrinking the pipeline of skilled workers.

Resources