Trouble lurks for undocumented college students

Approximately 25 years ago, when Rick Perry was still governor, the Texas Legislature passed the Texas Dream Act in bipartisan fashion. In fact, only three Republicans in the Texas Senate voted nay, two in the House.

Perry signed it into law, and Texas became the first state in the U.S. to offer in-state college tuition to students who were living here, going to school here, without the legal right to do so.

Most had come over as kids, following their parents’ lead as they crossed into the Land of Milk and Honey.

For many of them, this is the only country they’ve ever known. They went to school here, graduated high school, and now they’re ready to go to college, but trouble now lurks behind the college app process because disclosing the fact that they are in this country illegally could mean a visit from ICE.

The Big Change

After Trump was sworn into office this past January, the U.S. Department of Justice started suing states offering in-state tuition to undocumented students.

The DOJ argued that these policies violate federal law by providing benefits to individuals not lawfully present in the US, while not offering the same tuition to US citizens.

The difference being, to gain in-state tuition, the undocumented students still had to meet certain residency requirements. As opposed to “Bob,” who just graduated from a high school located in LA, but who had just moved to Texas, wanting in-state tuition to attend UT-Austin.

Big difference between the two.

Texas was the first state targeted by the DOJ, but under AG Ken Paxton, the state quickly agreed to end the practice after the lawsuit was filed. In fact, Texas joined the DOJ, fighting in court to yank in-state college tuition from undocumented students.

To gain in-state tuition moving forward, Texas students entering college this fall will have to somehow prove that they are in this country legally.

Under the old system, they would sign an affidavit, admitting they were here illegally, but promising to make a good-faith attempt to gain citizenship in the near future.

Under current ICE operations — taking Jose the meth dealer into custody right alongside Maria who works at the local meat-packing plant — what undocumented student is now going to want to register for college?

By putting down “illegal resident” on their college app, they just exposed themselves to fed agents.

Some say that colleges are not supposed to share that personal info with anyone, but good luck with that, because ICE is playing by new rules. Some like it, some don’t.

The pity, though, is, don’t we want educated young people walking our streets instead of the uneducated?

Sure, a lot of college students can no longer get jobs, but at least they have a chance at success if they choose a field that is still hiring (health and wellness), or a trade school, which will probably now be asking would-be auto techs the same question — are you in this country legally?

If they lie on a government form, they’re facing worse criminal liabilities.

Yanking in-state tuition from undocumented students is one thing, some will argue, but setting them up for deportation when they apply for college just doesn’t seem right, does it?

Personally, I think throwing everyone into the same ICE/DHS pot who is in this country illegally really is insane.

One undocumented immigrant is down at the river loading up a semi for a fentanyl run to Dallas, hoping to make it past the Falfurrias checkpoint, hoping the drug-sniffing dogs are taking a siesta.

Meanwhile, Maria is at home, getting ready to fill out her college app online, hoping to become an RN. She’s got a 3.6 GPA, played softball for her high school team, volunteers at the nursing home some weekends.

We’re now supposed to believe that there is no difference between the two undocumented immigrants, and both should be deported ASAP?

We have lost our collective minds.