In 2001, the Governor of Texas, Rick Perry, signed The Texas DREAM Act, also known as House Bill 1403. This landmark policy expanded higher education opportunities for many non-citizen students who met a specific set of criteria to access in-state tuition and state financial aid, making Texas the first state to allow opportunity in higher education for non-citizens.

However, a recent federal lawsuit by the Department of Justice (DOJ) against the State of Texas dismantled this opportunity for these students. This sudden shift in policy raises important questions for Texas institutions, primarily Hispanic-Serving Institutions (HSIs) and Minority-Serving Institutions (HSIs) about their commitment to equity and student advocacy.

House Bill 1403 allowed individuals to qualify for:

In-State Tuition
State Financial Aid through the TASFA (Texas Application for Student Financial Aid)
Institutional Grants and Scholarships

House Bill 1403 Criteria

Residency Status

Students must have resided in Texas for at least three years prior to graduating from high school.

Texas High School Completion

Students must graduate from a Texas high school or obtain a GED certificate.

Residency Affidavit

Students must provide to their institution's admissions a notarized affidavit indicating intent to apply for permanent residency status.

Statistics - Undocumented Students in Texas

Research shows that HB 1403 increased college access, contributing to higher enrollment rates for undocumented students in Texas compared to states without similar policies.

In 2021, an estimated 20,137 undocumented students, about 1.5% of all students in Texas higher education, benefited from this act alone. Despite concerns raised by the Department of Justice (DOJ) about resource allocation, undocumented students received only $17.3 million of the state’s $579 million in financial aid, representing just 3% of state funding.

Research shows that with the number of undocumented students reflected in enrollment data in 2022, the number of undocumented students were concentrated in just a few states, with Texas being the second largest number out of the top five largest enrollment numbers nationwide.

California (87,000)
Texas (57,000)
Florida (43,000)
New York (27,000)
New Jersey (21,000)

Additional Resources

Below are additional info-graphics from multiple supporting organizations to provide a better understanding of the Texas DREAM Act (HB 1403).

Residency and In-State Tuition (2010)
Texas DREAM Act Report (May, 2023)
Undocumented Students in U.S. Higher Education (June, 2024)
Texas In-State Tuition: What You Need to Know (2023)

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