(August 5, 2022) IDRA filed an amicus brief
in the Fifth Circuit Court of Appeals this week on behalf of 12 student, business and higher education organizations in a case that began as a reckless anti-immigrant attack but that has far-reaching consequences for all Texans. The coalition urges reversal of an injunction issued in Young Conservatives of Texas Foundation v. Neal Smatresk, et al.
barring the University of North Texas (UNT) from collecting any out-of-state tuition from out-of-state U.S. citizens, as long as the Texas Dream Act
remains in effect.
“This ruling will cost UNT millions in lost revenue, impeding its ability to offer quality academics, research, financial aid, and student services for Texans, especially low-income students of color,” said Paige Duggins-Clay, IDRA’s Chief Legal Analyst. “By allowing out-of-state students who have not grown up or paid taxes in Texas to avoid the standard one-year residency requirement of nearly every college in the nation, the injunction compromises the integrity of our higher education funding system and could cost Texas universities millions.”
Under the injunction, UNT stands to lose $9 million over the next year. The injunction could potentially be applied to every public college and university in Texas, and the impact is exacerbated for Texas’ top-tier schools with higher tuition and greater populations of out-of-state students. For example, if unable to collect out-of-state tuition, the University of Texas at Austin and Texas A&M University would face potential shortfalls of $30 million and $21 million, respectively. (See Appendix A
in amicus brief for more details.)