New Rules Leave Students in Limbo
On June 4, a federal judge ruled the Texas Dream Act unconstitutional, halting in-state tuition for undocumented students just as many began their summer semesters and without public input. The decision came just hours after the U.S. Department of Justice sued the state to end the law, an action the Texas Attorney General supported instead of defending Texas’s own policy. This back-door deal has sent shockwaves to thousands of Texas Dreamers who are now unable to afford their education this school year.
Since then, there has been much confusion about how colleges carry out the court’s ruling. The Texas Higher Education Coordinating Board, the body that determines rules for colleges and universities to follow, has begun rulemaking on the halting of the Texas Dream Act.
Recently, the board has proposed two major rules changes:
- Determination of Residency Rules
- Tuition Waivers and Exemptions
Together, these rules reshape how Texas decides who qualifies for in-state tuition, waivers, and exemptions at all public and private colleges and universities.
What Would These New Rules Do?
Here is what the new rules would do.
- Require all students to complete the Core Residency Questionnaire (CRQ) and possibly submit extra documents, an outdated tool that can be confusing to students.
- Condition in-state tuition and waivers on being “lawfully present” in the United States, without defining what that means.
- Allow schools to reclassify students’ residency if new information arises, which may create instability in financial access or an unnecessary burden for students.
- Permit colleges to verify lawful presence with U.S. Citizenship and Immigration Services (USCIS), raising student privacy concerns.
Why These Rules are Harmful for Students and Families
The Texas Higher Education Coordinating Board’s proposed rules raise serious concerns for students and families. By failing to define “lawful presence,” the rules leave schools to interpret the standard on their own, opening the door to confusion, inconsistent practices, and wrongful denials of aid.
The rules also rely on a residency questionnaire created more than 20 years ago, a tool that is now outdated, burdensome, and ineffective, often preventing students from even having the chance to demonstrate their eligibility. Families could also be required to submit excessive documentation, such as tax returns, leases, or employment records, creating new barriers for immigrant and low-income students. Even more troubling, the rules allow schools to reclassify students’ residency if new information arises.
Privacy is also at stake. Requiring verification through U.S. Citizenship and Immigration Services (USCIS) could expose sensitive student information and conflict with FERPA protections.
Finally, restrictions on tuition waivers would limit the critical support many students rely on to pursue college. These new rules threaten to put college further out of reach for thousands of Texas students.
It’s Easy to Submit Your Concerns!
The Texas Higher Education Coordinating Board is accepting public comments on Rule 13.465 and Rule §§13.191–13.203 until September 28, 2025. This is an important opportunity for students, families, and advocates to demand clarity and fairness.
Submit a Public Comment and Request a Public Hearing!
If at least 25 people request it, the coordinating board must hold a public hearing before the rules can take effect. This ensures community voices are heard on how the rules could impact students.
Send your comment using our easy action form. We’ve provided a template you can customize or just click and send!
Share why students deserve clear, consistent rules – not confusion.
