Thread: Efforts to Revive Texas Dream Act Unsuccessful

San Antonio's First News

Efforts to Revive Texas Dream Act Unsuccessful

Aug 26, 2026

There are efforts to revive the Texas Dream Act, the 25-year-old state law that allowed some illegal immigrants to go to college or university at the same prices that are paid by other state residents.

The law, enacted by the state legislature in 2001 and signed by Governor Rick Perry, allowed illegal aliens who graduated from an accredited Texas high school or got a diploma elsewhere, who then pledged to become a permanent state resident, to attend college at in-state tuition rates.

The law was blocked by a federal district judge last year at the behest of Attorney General Ken Paxton, who asked for the block because of complaints from the US Justice Department that the Dream Act was not compatible with federal law.

Then this year came an attempt to revive the law, which was denied by a 3-judge U.S. Circuit Court of Appeals panel, which added that states cannot allow such a law because under federal statute, the same benefit must also be available to all U.S. citizens.

"Offering in-state tuition to illegal aliens that are residents of the state of Texas is a violation of Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996," says Texans for Strong Borders President Chris Russo.

"You cannot offer someone who is here illegally a post-secondary education benefit unless you offer that to any U.S. citizen regardless of legal status," he adds.

"Texas became one of the first states to bring in-state tuition into play," according to William Gheen of Americans for Legal Immigration PAC.

"We're happy about the rulings and the fact that the Trump administration is going after knocking down these laws," Gheen says, and "people are going to try to revive the law and adjust it, they're going to try to adapt it and improvise with it, because getting drivers licenses for immigrants is a key factor to the power factions that are trying to conduct an invasion by illegal immigrants into the United States."

In any event, the Dream Act is on the radar of some members of the Texas Legislature, which meets in just over four months, and there are some political groups who want to see the law taken off the books, other groups that want to see the law rewritten.

And Russo points out, "I believe it's also a priority of the Republican Party of Texas and it's in their party platform."

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