Mariel and her mother are among those families dragging suitcases and carrying boxes as UT students return to campus the weekend before the first day of class.
The college senior is moving into an apartment for the first time. It’s supposed to be exciting, but Mariel is a mixed bag of emotions.
Until a couple weeks ago, Mariel didn’t know if she could go back to school.
In June, the U.S. Department of Justice sued Texas to end access to in-state tuition for students without legal status, arguing the Texas Dream Act discriminated against U.S. citizens. Within hours, the state conceded.
KUT News is using Mariel's first name only because of privacy concerns over her immigration status.
Mariel had been set to graduate from UT Austin next spring with two degrees, one in biology and another in Spanish. She would be a step closer to becoming a doctor.
“That was the one thing that I felt like I had, [it] was my education. That’s the one thing I thought I had that would never be taken away from me,” Mariel said. “And for that to happen, it was like … I was crushed.”
After they heard the news, Mariel’s family tried to stay positive. They thought maybe it would take a while for the state to eliminate the program. But in mid-July, university officials asked Mariel for proof of lawful status to keep paying in-state tuition.
“I’m not considered a Texas resident, so I have nothing,” she said.
Mariel was born in Mexico but grew up in Texas. During her first three years of college, she paid in-state tuition and could get financial aid through the Texas Dream Act. She and her family paid about $13,000 a year for her dorm and meals.
Even that required a big effort, Mariel said. Her parents each worked two jobs. But her mom, Mireya, said it was worth it.
“We’d have to limit ourselves. But as long as it was for her education, so she could have a better life than us, then we didn’t mind,” she said. KUT is also using only her first name because of privacy concerns.
With the Texas Dream Act repealed, Mariel’s tuition went from $11,000 — which she would pay with financial aid — to $22,500 without financial aid, which she also lost access to. With living expenses, Mariel’s family would have to pay $29,500 a semester. And since she still had a year to go, that meant close to $59,000.
The annual income for the family of six is about $40,000.
Mariel is one of the about 57,000 students enrolled in Texas public universities who were affected the lawsuit ending the Texas Dream Act.
According to the organization Every Texan, in 2021, students without legal status were awarded $10.6 million in financial aid. But that same year, students without legal status paid $71 million in tuition and other fees.
Barbara Hines, the former director of the Texas Law School Immigration Clinic at UT Austin, helped push for the Texas Dream Act over 20 years ago. She said keeping these families from accessing in-state tuition has repercussions beyond higher education institutions.
“The business community supported the in-state tuition because it leads to a qualified workforce,” she said. “So this is really bad for the community.”
The Texas Immigration Council estimates the state could lose over $460 million in economic activity every year: $244.4 million in lost wages and $216.9 million in spending power.
The group said a college degree increases the earning potential by 57% for students without legal status.
“Why would you want to deny kids who have lived their entire lives the opportunity to go to college,” Hines said.
Passage of the Texas Dream Act in 2001 was a bipartisan effort backed by Republican Gov. Rick Perry. Then, 22 other states and the District of Columbia followed Texas in making college more affordable for students without legal status.
Now, advocates worry that just as Texas set a precedent to pass the law, other sates may soon follow in taking away in-state tuition. So far, the federal administration has filed lawsuits against Kentucky, Minnesota and Oklahoma.
Immigrant groups, students and higher education institutions like Austin Community College, have tried fighting the decision in Texas courts. But so far their efforts have not been successful.
Mariel is the only child in her family who is not a U.S. citizen. She was brought to the U.S. when she was 14 months old. Her parents wanted her to have more opportunities. But now, Mireya said she sometimes feels guilty.
“I was the one that brought her here. She didn’t decide to come. She’s not guilty of anything,” Mireya said. “For her, this is her world.”
Two weeks before classes started, Mireya and her husband decided their daughter’s dreams couldn’t be taken away just like that. They had worked too hard to get where they are now. So, they took out a $15,000 loan from a family friend.
Advocates don’t know how many students were unable to pay out-of-state tuition and had to drop out.
But even though she's back in school, Mariel has had to make some adjustments. She dropped her Spanish degree and is trying to finish her biology degree in the fall semester by taking eight classes.
“I have mixed feelings. I’m happy to be back and to be able to finish my degree,” she said. “But I feel a lot of guilt for making my parents pay that much.”
Her mother took on a third job cleaning offices. And her dad, who does landscaping, has also increased his work hours.
“I’ve told my husband, I won’t be happy until my girl can achieve the dreams we have in mind,” Mireya said. “Until then, I won’t be at peace.”
Mariel is hopeful things will change, and she’ll be able to go to medical school in Texas. If not, she has considered getting her degree in Mexico — a country she hasn’t been to in almost two decades.
