A bill that would make undocumented students ineligible for in-state tuition is progressing in the Texas Senate. Senate Bill 1798, approved by the Senate’s K-16 committee by a 9-2 vote, would require undocumented students to pay out-of-state tuition rates, revoke access to state-funded financial aid, and permit schools to withhold diplomas if tuition differences go unpaid. It also mandates universities to report students suspected of misrepresenting their immigration status and ties institutional funding to compliance.
The bill’s sponsor, Sen. Mayes Middleton, argues the measure would reduce taxpayer-funded subsidies, which he estimates at $150 million for the 2024–2025 academic year. A similar proposal in the House, Bill 232, would require students 18 or older to show proof of applying for legal residency to qualify for in-state tuition.
Texas law currently allows undocumented students—known as “affidavit students”—to pay in-state rates if they have lived in Texas for at least three years before high school graduation and one year before college enrollment, along with a signed pledge to pursue legal residency. These students made up 1.5% of university enrollment in 2023.
Supporters of the legislation say it would deter illegal immigration, while opponents argue it would harm students who have long called Texas home and contribute significantly to the state's economy.
Reference:
Priest, Jessica. Runnels, Ayden. “Texas Senate panel advances bill that would no longer allow undocumented students to pay in-state tuition” The Texas Tribune. May 6, 2025.
