Off the Kuff Rotating Header Image

Killing the DREAM in Texas

Something else to look forward to.

State Rep. Tim Kleinschmidt (R-Lexington) has filed legislation that would abolish Texas law granting in-state tuition to certain undocumented college students. The 2001 law, written by then-state Rep. Rick Noriega (D-Houston), was a precursor to the federal DREAM Act recently defeated by GOP members of the U.S. Senate.

State Rep. Leo Berman (R-Tyler) said he would file legislation to abolish the law if it survives an ongoing legal challenge in Houston, according to a November story in theTexas Independent. At the time, Noriega said that if the law was repealed, “Essentially, we’d be stamping out hope. Frankly, as a Texan, I just don’t think that’s who we are.”

Gov. Rick Perry signed House Bill 1403 into law in June 2001. The Texas Senate passed the bill with a final vote of 27-3 (with GOP Sens. Mike Jackson, Jane Nelson and Jeff Wentworth voting ‘nay’), and the Texas House passed the bill with a final vote of 130-2 (with GOP Reps. Will Hartnett and Jerry Madden voting ‘nay’).

Kleinschmidt’s HB 464 would tie a dependent student’s residency status to his/her parents’ domicile. According to the bill, “A person who is not authorized by law to be present in the United States may not be considered a resident of this state” to qualify for reduced in-state tuition.

A few points…

1. It cannot be said often enough: This is the team Aaron Pena decided to join. You own this now, Aaron.

2. One wonders if Rick Perry, who has generally not joined up with the Berman/Riddle xenophobia group, will have the cojones to veto this bill if it comes before him. I for one would not count on it.

3. Having said that, if the Senate maintains some form of the 2/3 rule, in whole or (more likely) in part by simply excluding voter ID legislation from it as they did in 2009, then perhaps Perry will be spared the decision. I suspect that would be his preferred option.

Related Posts:

4 Comments

  1. Peter Wang says:

    Lots of US Citizen families depend on the residency determination as it is, too… family gets sent abroad with the oil industry just as child goes to college, for example. Wow, it would STINK to have the law changed on them, too.

  2. mary t. says:

    This would repeal a law that granted some immigrants the ability to pay state tuition. I’ll bet it would have no effect on US citizens, and it would stink if it did. However, that would actually be great, because undocumented immigrants would not storm the offices of elected officials, write letters, email or phone incessantly, get on TV to decry the discriminatory laws of Texas–but you can bet parents in the oil industry would. Then it would be time to sit back and enjoy the show as lawmakers backtracked and tried to appease the angry mob.

  3. jerden says:

    Why must those of you who support all the “liberal” benefits for illegal aliens resort to calling me, and those like me, ugly names just because we want all those benefits done away with for all illegal aliens? Why can’t I be just a guy who does not want to see his tax dollars expended for the benefit of people, and their kids, who are in this country illegally? It has always been a tenet of our judicial system that folks are not allowed to profit from illegal activity, and entering the country illegally is a violation of our laws. If those same illegal aliens would just go back where they came from and then apply for LEGAL entry! If they are accepted for legal immigration, I will be glad to have them, as long as they follow the rules and laws like most of us do. If they won’t go back voluntarily, they should be rounded up and forcibly repatriated to their home country. And let’s not be PC here – we are talking overwhelmingly about Mexican nationals who make up more than 90% of our illegal alien problem. Quite frankly, ANY law that keeps foreign nationals from usurping the rights of US citizens has to be good for the US. Remember, good fences make for good neighbors.

  4. texaschick says:

    “jerden says:
    January 28, 2011 at 12:40 pm
    Why must those of you who support all the “liberal” benefits for illegal aliens resort to calling me, and those like me, ugly names just because we want all those benefits done away with for all illegal aliens? Why can’t I be just a guy who does not want to see his tax dollars expended for the benefit of people, and their kids, who are in this country illegally?

    I haven’t seen anyone calling you “ugly names.”

    “It has always been a tenet of our judicial system that folks are not allowed to profit from illegal activity, and entering the country illegally is a violation of our laws.”

    These young adults were brought here by their parents.

    “If those same illegal aliens would just go back where they came from and then apply for LEGAL entry! If they are accepted for legal immigration, I will be glad to have them, as long as they follow the rules and laws like most of us do. If they won’t go back voluntarily, they should be rounded up and forcibly repatriated to their home country. And let’s not be PC here – we are talking overwhelmingly about Mexican nationals who make up more than 90% of our illegal alien problem. Quite frankly, ANY law that keeps foreign nationals from usurping the rights of US citizens has to be good for the US. Remember, good fences make for good neighbors.”

    Educate yourself:

    Why Don’t They Just Come Legally? Myths – Part II
    http://www.seattleimmigrationlawyerblog.com/2011/01/why-dont-they-just-come-legall.html

Bookmark and Share