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A federal judge has ruled that the University of North Texas cant charge out-of-state American students higher tuition than undocumented Texans who qualify for lower in-state tuition under a 2001 Texas law.

UNT lawyers appealed last weeks decision by U.S. District Judge Sean Jordan, a Trump appointee, over the weekend. If upheld, the decision could impact other Texas public universities, which depend financially on charging higher out-of-state student tuition.

The ruling centers on Texas 2001 law allowing undocumented students who have lived in Texas for three years and graduate from a Texas high school to pay in-state tuition.

This recent challenge by the Texas Public Policy Foundation, on behalf of the student organization the Young Conservatives of Texas, could provide a new path forward for some Texas lawmakers who have wanted to eliminate the in-state tuition benefit for undocumented students since at least 2015.

In 2021, a little more than 22,000 students were enrolled in Texas colleges and universities using this benefit.

Two years ago, the right-leaning TPPF filed the lawsuit, pointing out that the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 states that an individual who does not legally reside in the United States should not be eligible for a postsecondary education benefit granted on the basis of where someone lives unless United States citizens qualify for the same benefit. Therefore, they argued, out-of-state students shouldn't have to pay more than undocumented Texas students.

Jordan, the federal judge, agreed.

Because Texass non-resident tuition scheme directly conflicts with Congresss express prohibition on providing eligibility for postsecondary education benefits, it is preempted and therefore unconstitutional, Jordan wrote.

Other university systems in the state said they are still reviewing this ruling.

But Thomas A. Saenz, president of the Mexican American Legal Defense and Educational Fund, criticized the judges ruling.

Its hard not to see it as a Trump judge overreaching to try to change longstanding law in the state of Texas, said Saenz, who is also MALDEFs general counsel. He found the ruling surprising given the amount of time the state law has been in place.

Its obviously a political lawsuit, and granting that political lawsuit is whats disturbing, he said.

TPPF lawyer Rob Henneke said hes excited the ruling will make Texas colleges and universities more affordable for out-of-state students.

For the thousands of college students in Texas whove been burdened by these higher out-of-state tuition rates, they get immediate relief from having to pay so much to be educated, he said.

According to New American Economy, a bipartisan research group, out-of-state tuition rates are on average three times higher than in-state rates.

At UNT, the average cost of tuition and fees for an in-state student is just under $12,000, while an out-of-state student pays closer to $24,000 on average.

Students at the University of Texas at Austin who are Texas residents pay between $11,000 and $14,000 on average for tuition, while a nonresident student pays between $38,600 and $47,000 in tuition.

Saenz, with MALDEF, said Texas lawmakers could change the law to eliminate the three-year residency requirement and provide in-state tuition to any Texas resident who graduated from a Texas high school, similar to Californias law. But he admitted that in the current political context, that seems less likely.

Gov. Greg Abbott, Lt. Gov. Dan Patrick and Conroe Republican Brandon Creighton, chair of the Texas Senate Higher Education Committee, did not immediately respond to requests for comment.

Michael Olivas, a professor emeritus at the University of Houston Law Center who helped write the 2001 law, slammed the judges decision.

He said the judge did not take into account the other exceptions that allow out-of-state students to receive the lower, in-state tuition rate, including the waiver that allows students in bordering states to receive in-state tuition at some institutions.

These students are trying to make a political point for an issue that was a non-issue and then obfuscated it, he said.

Olivas also said TPPF lawyers did not adequately demonstrate how out-of-state students are harmed by the law, given that any U.S. citizen can qualify for in-state tuition if after living in Texas for a year before enrolling in college, while an undocumented student must live in Texas for three years before qualifying for in-state tuition.

Olivas expects advocacy and legal immigration groups to get involved in the appeal of the UNT ruling.

On Wednesday, the Mexican American Legislative Caucus said in a statement that it would be unfair to require undocumented Texans to pay higher tuition costs than out-of-state students who are granted in-state tuition after living in the state for one year.

Texas Dreamers are Texans, state Rep. Rafael Ancha, a Dallas Democrat and chair of the caucus, said in the statement. This political decision ignores the facts, plain and simple. These students are required to satisfy higher standards, three times that of their peers. And now, out-of-state students with no connection to Texas will be given preferential treatment that will result in less opportunities for students who graduate from our neighborhood schools.

Meanwhile, lawyers for UNT also argued that barring it from charging out-of-state students a higher rate will force the university to incur millions in lost revenue, an argument the judge rejected.

Budgetary constraints do not absolve constitutional violations, he wrote.

Timia Cobb contributed to this story.

Disclosure: The Texas Public Policy Foundation, the University of Texas at Austin, the University of Houston and the University of North Texas have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribunes journalism. Find a complete list of them here.

We cant wait to welcome you in person and online to the 2022 Texas Tribune Festival, our multiday celebration of big, bold ideas about politics, public policy and the days news all taking place just steps away from the Texas Capitol from Sept. 22-24. When tickets go on sale in May, Tribune members will save big. Donate to join or renew today.

Correction, April 13, 2022: A previous version of this story incorrectly stated that the cost to attend UNT was $26,500 for an in-state tuition, while an out-of-state student paid $38,800. At UNT, the average cost of tuition and fees for an in-state student is just under $12,000, while an out-of-state student pays closer to $24,000 on average. In a previous version of this story, the name of Michael A. Olivas, professor emeritus at UH Law Center, was misspelled. It is Olivas not Olivias.

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Federal judge rules against in-state tuition rate for undocumented Texans - The Texas Tribune

Refugees wait in Uzhhorod, Ukraine for permission to cross the border into Europe through the Ukrainian-Slovak border on Feb. 26, 2022. Credit: Yanosh Nemesh / Shutterstock

As a Romanian native, Hartford immigration attorney Dana Bucin said she was inspired by television footage of Romanians taking in refugees fleeing war-torn Ukraine, and is now taking action.

My country is welcoming Ukrainian refugees as we speak, Bucin said. I have witnessed a lot of Romanians generously opening their homes and country to these refugees. I have watched these images over and over. I thought I should be doing something.

Bucin is heading to the Mexican/United States border in San Diego, California to meet with Ukrainian refugees to discuss their legal options to enter into the United States. Along with two other attorneys, Bucin is heading out on Wednesday and will be staying two days. She is offering her services on a pro bono basis.

Now I get a chance to help them at my border with the U.S. and Mexico, Bucin said, adding she can continue to help where her Romanian compatriots left off. Maybe I can manage to get them paroled into the United States.

Bucin will report from the border through social media, including LinkedIn, Facebook and Twitter.

Bucin said she is going to help refugees qualify for humanitarian parole. Any Ukrainian national who has a US-based sponsor willing to offer housing is legally eligible for humanitarian parole at the border, Bucin explained, although there is a limited window of opportunity for streamlined access before the existing Title 42 policy is rescinded on May 23.

They are here because they have relatives or very good friends willing to take them in, Bucin explained.

Bucin said that once they heard about her impending trip, representatives from various Ukrainian churches here have offered housing for anyone who needs it.

Bucin, who also serves as the Honorary Consul of Romania to Connecticut, has been aware of the needs of refugees through partnerships with the League for Defense of Human Rights in Cluj, Romania (LADO Cluj) and the University of Babes-Bolyais Romanian Center For Comparative Migration Studies.

Romania has welcomed 641,276 Ukrainian refugees and citizens there have provided them with housing and other types of assistance, Bucin said.

There are many visa options for Ukrainians fleeing the war, Bucin outlined.

Bucin said she also wants to highlight the need for immigration reform.

We know these people are clearly refugees. We know these people have no home to go to. Its dangerous to return to Ukraine, so you have so many genuine refugees who are crashing at the border, Bucin said. The question we should all be asking ourselves is why dont we have better legal avenues to serve the needs of the 21st century immigration pattern.

Bucin said the U.S. is not equipped to deal with the global wars that drive refugees here, adding it would be more efficient to have a process where those fleeing their countries should be able to secure passage through US consulates abroad, qualify for humanitarian parole, secure a passport and fly safely to the U.S.

This is what we need, but immigration tends to be such an emotional topic these days, and keeps not getting done, she said.

Bucin is the chair of the immigration practice at Murtha Cullina in Hartford.

Dana R. Bucin is the Chair of the Murtha Cullina Immigration Practice. In 2019, she was named the Attorney of the Year by the Connecticut Law Tribune, and in 2016, the Connecticut Immigrant and Refugee Coalition recognized her as an Annual Immigrant Day Honoree.

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Immigration Lawyer Heading to Mexico Border to Help Ukrainian Refugees - CT News Junkie

Leading Indian-Americans, including US Congressman Raja Krishnamoorthi, have slammed a law professor from University of Pennsylvania for her disparaging comments about the Asian American community, with a specific disdain for Indian-Americans.

In a recent interview to Fox News, Prof Amy Wax from the University of Pennsylvania alleged that Blacks and non-Western groups have a tremendous amount of resentment and shame against western people for [their] outsized achievements and contributions.

Heres the problem. Theyre taught that they are better than everybody else because they are Brahmin elites and yet, on some level, their country is a sh*thole, Wax, who has a long history of inflammatory remarks, said.

She also said that the westerners have outgunned and outclassed the Asian Americans in every way.

Theyve realised that weve outgunned and outclassed them in every way. They feel anger. They feel envy. They feel shame. It creates ingratitude of the most monstrous kind, she said.

Wax then targeted the influential Indian-American doctors community as well.

They are on the ramparts for the antiracism initiative for dump on America,' she alleged.

The comment was condemned by the Indian-Americans across the US.

After President Trump left office, I thought the days of calling others shithole countries were over, Krishnamoorthi said in a tweet.

As an Indian-American immigrant, Im disgusted to hear this UPenn Professor define Indian-American immigrants, and all non-white Americans, in such insulting terms, he said.

Stating that such comments are borne of hatred and fear, he emphasised that such talks make it much harder to accomplish common-sense immigration reform.

Comments like these are borne of hatred and fear, and they lead to real harm for my constituents and our minority communities. They fuel hate crimes against minorities, and they make it much harder to accomplish common-sense immigration reform, Krishnamoorthi said.

Indian-American Law professor Neil Makhija also slammed Wax for her comments.

Its irresponsible to use your position to lend credibility to these overtly racist sentiments that dont recognise Indian-Americans for who we are, he told Axios.

Indian-American Impact is slated to hold a summit next month in DC Makjiha told Axios hes planning to adjust programming to discuss the incident and create solutions against anti-Asian and South Asian hate in educational settings.

The most unfortunate thing is that we have a lot of brilliant and incredible students at the law school, he told NBC News.

It makes you question whether she can fairly grade or educate, he said.

This is not the first time Waxs controversial comments about race have gone viral, the US media reported.

Her appearance on Carlsons show is not the first time Wax has made anti-Asian remarks. In an interview in December, she said that Indians Americans should be more grateful to be in the US and that the country would be better off with fewer Asians.

Penn has confirmed that the school is in the middle of disciplinary proceedings against Wax, NBC News reported.

The University of Pennsylvania Carey Law School has previously made clear that Professor Waxs views do not reflect our values or practices, it quoted a representative as saying.

In January 2022, Dean Ruger announced that he would move forward with a University Faculty Senate process to address Professor Waxs escalating conduct, and that process is underway, the report quoted the Penn representative as saying.

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University of Pennsylvania professor slammed for making disparaging comment about India - The Indian Express

President Bush's Plan For Comprehensive Immigration Reform

2007 State of the Union Policy InitiativesIn Focus: Immigration

Tonight, President Bush Will Call On Congress To Pass Comprehensive Immigration Reform. The President believes that America can simultaneously be a lawful, economically dynamic, and welcoming society. We must address the problem of illegal immigration and deliver a system that is secure, productive, orderly, and fair. The President calls on Congress to pass comprehensive immigration reform that will secure our borders, enhance interior and worksite enforcement, create a temporary worker program, resolve without animosity and without amnesty the status of illegal immigrants already here, and promote assimilation into our society. All elements of this problem must be addressed together or none of them will be solved.

1. The United States Must Secure Its Borders

Border Security Is The Basic Responsibility Of A Sovereign Nation And An Urgent Requirement Of Our National Security. We have more than doubled border security funding from $4.6 billion in FY 2001 to $10.4 billion in FY 2007. We will have also increased the number of Border Patrol agents by 63 percent from just over 9,000 agents at the beginning of this Administration to nearly 15,000 at the end of 2007. We are also on track to increase this number to approximately 18,000 by the end of 2008, doubling the size of the Border Patrol during the President's time in office.

2. We Must Hold Employers Accountable For The Workers They Hire

In A Sharp Break From The Past, The Administration Is Addressing The Illegal Employment Of Undocumented Workers With A Tough Combination Of Criminal Prosecution And Forfeitures. Previously, worksite enforcement relied on a combination of administrative hearings and fines. The fines were so modest that some employers treated them as merely a cost of doing business, and employment of undocumented workers continued unabated.

Comprehensive Immigration Reform Must Include The Creation Of A New, Tamper-Proof Identification Card For Every Legal Foreign Worker So Businesses Can Verify The Legal Status Of Their Employees. A tamper-proof card would help us enforce the law and leave employers with no excuse for violating it. We will also work with Congress to expand "Basic Pilot" an electronic employment eligibility verification system and mandate that all employers use this system.

3. To Secure Our Border, We Must Create A Temporary Worker Program

America's Immigration Problem Will Not Be Solved With Security Measures Alone. There are many people on the other side of our borders who will do anything to come to America to work and build a better life. This dynamic creates tremendous pressure on our border that walls and patrols alone cannot stop.

As We Tighten Controls At The Border, We Must Also Address The Needs Of America's Growing Economy. The rule of law cannot permit unlawful employment of millions of undocumented workers in the United States. Many American businesses, however, depend on hiring willing foreign workers for jobs that Americans are not doing.

To Provide A Lawful Channel For Employment That Will Benefit Both The United States And Individual Immigrants, The President Has Called For The Creation Of A Temporary Worker Program. Such a program will serve the needs of our economy by providing a lawful and fair way to match willing employers with willing foreign workers to fill jobs that Americans have not taken. The program will also serve our law enforcement and national security objectives by taking pressure off the border and freeing our hard-working Border Patrol to focus on terrorists, human traffickers, violent criminals, drug runners, and gangs.

The Temporary Worker Program Should Be Grounded In The Following Principles:

4. We Must Bring Undocumented Workers Already In The Country Out Of The Shadows

Comprehensive Immigration Reform Must Account For The Millions Of Immigrants Already In The Country Illegally. Illegal immigration causes serious problems, putting pressure on public schools and hospitals and straining State and local budgets. People who have worked hard, supported their families, avoided crime, led responsible lives, and become a part of American life should be called in out of the shadows and under the rule of American law.

The President Opposes An Automatic Path To Citizenship Or Any Other Form Of Amnesty. Amnesty, as a reward for lawbreaking, would only invite further lawbreaking. Amnesty would also be unfair to those lawful immigrants who have patiently waited their turn for citizenship and to those who are still waiting to enter the country legally.

The President Supports A Rational Middle Ground Between A Program Of Mass Deportation And A Program Of Automatic Amnesty. It is neither wise nor realistic to round up and deport millions of illegal immigrants in the United States. But there should be no automatic path to citizenship. The President supports a rational middle ground founded on the following basic tenets:

5. We Must Promote Assimilation Into Our Society By Teaching New Immigrants English And American Values

Those Who Swear The Oath Of Citizenship Are Doing More Than Completing A Legal Process They Are Making A Lifelong Pledge To Support The Values And The Laws Of America. Americans are bound together by our shared ideals, our history, and the ability to speak and write the English language. Every new citizen has an obligation to learn the English language and the customs and values that define our Nation, including liberty and civic responsibility, appreciation for our history, tolerance for others, and equality. When immigrants assimilate, they advance in our society, realize their dreams, and add to the unity of America.

New Citizens Need Guidance To Succeed. The Office of Citizenship is creating new guides for immigrants and introducing a new pilot civics examination designed to foster a deeper understanding of civic virtues and the founding ideals. The President's Task Force on New Americans is fostering volunteerism through volunteer.gov and exploring partnerships with local organizations. Public libraries and faith-based and community groups will be encouraged to offer English language and civics instruction to immigrants who are seeking to make America their home.

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President Bush's Plan For Comprehensive Immigration Reform

The fact that Senate leaders on both sides of the aisle are even talking about moving an immigration reform bill just months before the midterm elections is cause enough for celebration, advocacy groups tracking the latest negotiations say.

Members of the Alliance for a New Immigration Consensus, however, say they are most excited about what they describe as the collective sense of urgency driving the revived negotiations.

Advocates told Insider that Senate Republicans likely understand that the chances of making positive gains on immigration will plummet if Donald Trump devotees were to gain power next year. House Republican leader Kevin McCarthy, for instance, has stoked fears that terrorists are creeping into the country (which the Customs and Border Patrol refuted), while House Judiciary Committee ranking member Jim Jordan's top priority is completing Trump's easily breached border wall. Should Republicans win in the midterms, such anti-immigration hardliners would be in charge.

"That means you have Speaker McCarthy and Judiciary Chairman Jim Jordan, neither of whom are going to allow any sort of constructive immigration proposal to leave the House," Ali Noorani, president and CEO of the National Immigration Forum, said of the obstacles that await if Senate dealmakers don't "figure out what solutions can be achieved now."

Senate Judiciary Committee Chairman Dick Durbin, a Democrat of Illinois, and the top Republican on the panel, Sen. John Cornyn of Texas, both said they're trying to do just that.

"Staff is gathering the measures that are currently bipartisan. We're going to put them on the table and see if we can build a package that gets 60 votes," Durbin told Insider at the US Capitol.

Cornyn added that this latest effort would be more constrained than other wider-reaching attempts. "Nobody is suggesting that we do anything like was attempted before, a comprehensive bill," Cornyn said, adding, " I just don't think that's feasible."

Democrats repeatedly tried to weave a path to citizenship for millions of longstanding migrants in last year's budget reconciliation bill but were blocked at every turn by procedural objections raised by the Senate parliamentarian.

House Republicans need to flip just a handful of seats to wrest the speaker's gavel from Democratic Leader Nancy Pelosi. Senate Minority Leader Mitch McConnell needs just a single pickup to again set the agenda in the bitterly divided chamber.

When asked by Insider, Durbin balked at naming specific proposals in the mix for the scaled-back immigration bundle."We're not at that stage yet," the Senate majority whip and co-author of the perennial Dream Act said.

One potential starting point Durbin offered was a Cornyn-backed bill providing emergency visas to medical personnel. "We'll see where we go from there," Durbin said.

Cornyn also floated the possibility of prioritizing protections for current recipients of the Deferred Action for Childhood Arrivals (DACA) program which the nonpartisan Migration Policy Institute ballparked at 600,000-plus participants in December 2021 versus the millions of DACA-eligible individuals who have sought to stay stateside since the Obama administration rolled out the civic roadmap.

"I've always been sympathetic to giving them some certainty," Cornyn said of the current DACA crowd, adding, "They've been in litigation for 10 years."

Cornyn said he's looped in GOP Judiciary colleague Sen. Thom Tillis of North Carolina about the staff-level discussions and suspects that Democratic Sen. Alex Padilla of California, who chairs the Judiciary panel's immigration subcommittee, is also intimately involved.

Cobbling together a mutually agreeable bundle before the November election is doable, according to Cornyn. "I think it's just a matter of will," he said.

The can-do attitude on the Hill has inspired confidence in others that a last-ditch deal is within reach. "We think that it is similar to criminal justice reform," Jorge Lima, senior vice president of policy at Americans for Prosperity, said of the gradual approach that got the bipartisan First Step Act inked into law during the Trump administration.

Lima said the dozens of immigration alliance members have polling data that shows overwhelming support for a three-pronged package combining the Durbin-led Dream Act, the House-passed Farm Workforce Modernization Act, and the Bipartisan Border Solutions Act developed by Cornyn, Tillis, and Democratic Sens. Kyrsten Sinema of Arizona and Maggie Hassan of New Hampshire.

"By no means would just those three things solve everything we need solved on immigration," Lima said of the opening gambit. But securing something is preferable to accomplishing nothing.

"The history on this issue has always shown that you try to take something that does everything, and that's when the opposition can really break off and fragment folks," Lima said of the inherent danger of waiting.

"If Congress wants to add more to that, I think we would be excited. Because, again, this is only seen as a first step," Lima told Insider. "But we definitely think it's a very positive and impactful first step if they can get it done."

Noorani said he's hopeful that Republicans who genuinely "want solutions on immigration" will take this opportunity to act rather than allowing anti-amnesty hardliners to dictate harsher terms down the road. He cited Sens. Cornyn, Tillis, Dream Act co-sponsor Lindsey Graham of South Carolina, Mike Crapo of Idaho, Mike Rounds of South Dakota, Susan Collins of Maine, and Lisa Murkowski of Alaska as lawmakers who've participated in immigration talks to various degrees in recent years.

"There's a way to get to 10 Republican senators," Noorani said. "The trick will be to do that while holding on to the Democrats."

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Senators revive immigration reform talks ahead of midterm elections - Business Insider