Every child deserves access to education—but that basic right is currently under threat in Texas. Children’s Defense Fund-Texas (CDF-Texas) is committed to the just and fair inclusion of all children into a society where all young people can participate, prosper, and reach their full potential, regardless of immigration status. We believe that receiving a comprehensive education that equips every student for lifelong success and active civic participation is fundamental to children’s well-being. As the 89th Texas legislative session begins, we are deeply concerned about several bills that seek to deny access to public education to youth in Texas based on immigration status.
Senate Bill 2015
SB 1205, introduced by Senator Bob Hall, would deny free public education to any child who is not a U.S. citizen or lawful permanent resident by requiring these students to pay tuition at public K-12 schools and prohibiting the use of state funds to educate them. The bill would also require school districts to record and report information to the state about the immigration status of these students. Additionally, SB 1205 would require undocumented students to pay out-of-state tuition at public institutions of higher education. Beyond limiting access to education, this bill also contains provisions that would block undocumented immigrants from accessing almost all public benefits and services in Texas.
House Bill 371
HB 371, introduced by State Representative Benjamin Bumgarner, proposes amending the Texas Education Code to prohibit public schools and pre-K programs from admitting children who are “unlawfully present in the United States” at no cost unless the federal government reimburses the state of Texas for their education. This bill also proposes withholding funds for Texas public schools to cover the costs of educating these students. Additionally, it requires that school officials collect and verify minimum proof of U.S. citizenship or “lawful presence” as a requirement for free public school enrollment.
House Bills 160, 232, 424, 979,1324, 1815, and 2535
HB 160, HB 232, HB 424, HB 979, HB 1324, HB 1815, and HB 2535 (introduced by State Representatives Terri Leo Wilson, Cody Vasut, Richard Hayes, Briscoe Cain, Mike Olcott, Jared Patterson, and Jeff Leach, respectively) would limit young people’s access to post-secondary education based on immigration status. These bills propose amending the Texas Education Code to require all students “not authorized under federal statute to be present in the United States” to pay nonresident tuition at public institutions of higher learning. Charging these students up to four times the tuition their peers pay would place higher education out of reach for many, effectively barring them from achieving their dreams, gaining financial security, and contributing their talents to our communities and the world.
Representative Leo Wilson’s bill, HB 160, could also subject undocumented students to harsh and unjust treatment by potentially requiring them to retroactively pay nonresident tuition for academic terms they have already completed. Even more troubling, the bill mandates that colleges and universities report students to law enforcement if their presence in the United States is found to be unauthorized under federal law. This mandatory reporting policy would foster fear, confusion, and a hostile environment, discouraging immigrant youth, regardless of their status, from pursuing higher education and reaching their full potential.
All children deserve an education that allows them to fully participate in society, provide for themselves and their families, and reach their highest potential.
Education is fundamental to the ability of young people to understand and actively participate in shaping the world around them. Broad access to public education benefits all Texans by ensuring our state’s youth are equipped with the skills and knowledge they need to care for themselves, support their families, and contribute their unique talents to our culture, society, and economy. Denying children and young people this opportunity only perpetuates cycles of poverty and social exclusion, an outcome that benefits no one.
Be a champion for children and youth.
Let’s safeguard our collective future by supporting access to public education for all young people, regardless of immigration status. Please take a moment to contact your state representative and state senator using the form below. Let them know that you support maintaining access to public education for all, and ask them to oppose Senate Bill 1205, House Bills 371, 160, 232, 424, 979, 1324, 1815, and 2535, and any other attempts during the 89th legislative session to prevent children and youth in Texas from accessing education. Together, we can build a powerful movement to defend access to education children and youth.