Featured News: Texas Colleges Explore Federal SAVE System for Tuition Amidst Immigration Status Verification Shift
Austin, Texas – A significant shift is underway in Texas higher education as public universities are considering the use of the Texas Colleges SAVE System to verify the “lawful presence” of students seeking in-state tuition rates. This development follows a federal court order earlier this year that effectively blocked the state’s long-standing Texas Dream Act, which had previously allowed undocumented students to qualify for lower Texas colleges tuition fees.
The Texas Colleges SAVE System and the End of the Texas Dream Act
For over two decades, the Texas Dream Act (HB 1403), passed in 2001, provided a pathway for thousands of undocumented students who graduated from Texas high schools to pay in-state tuition and access state financial aid. This policy was a crucial step in offering educational opportunities, particularly for undocumented students, and its end has necessitated a new approach for Texas Colleges SAVE System considerations.
However, in June 2025, a federal court ruling invalidated the Texas Dream Act. The lawsuit argued that the state law violated federal law by providing benefits to undocumented immigrants not universally available to U.S. citizens from other states. U.S. District Judge Reed O’Connor issued an order permanently blocking the law, leading to immediate impacts on students and universities across Texas and prompting the exploration of the Texas Colleges SAVE System for eligibility. This ruling has placed tens of thousands of students in a precarious financial situation, as they now face significantly higher out-of-state tuition rates, often three to four times the in-state cost, potentially making higher education unaffordable. The future of accessing Texas colleges tuition is now tied to federal verification methods.
Introducing the Systematic Alien Verification for Entitlements (SAVE) Program for Texas Colleges
In response to the court order and the need to verify eligibility for in-state tuition, the Texas Higher Education Coordinating Board (THECB) has adopted new rules, effective November 13. These rules permit Texas universities to consult the federal Systematic Alien Verification for Entitlements (SAVE) program, administered by U.S. Citizenship and Immigration Services (USCIS), to confirm students’ immigration status. This move is a direct response to the challenges posed by the end of the Texas Dream Act and the need for accurate immigration status verification.
The SAVE program, established in 1987, is designed to help government agencies, including federal, state, and local entities, confirm an individual’s citizenship and immigration status before granting benefits, licenses, or credentials. Agencies use SAVE by submitting an applicant’s immigration documentation to USCIS, which then cross-references this information with federal records. While eight state agencies in Texas are authorized to use SAVE, no Texas university has historically used it independently for tuition verification, a gap now being addressed by the Texas Colleges SAVE System protocols.
Navigating “Lawful Presence” and Privacy Concerns within the Texas Colleges SAVE System
The implementation of the Texas Colleges SAVE System brings new complexities, particularly around the definition of “lawful presence.” Federal immigration law clearly defines “unlawful presence” but lacks a specific definition for “lawful presence.” Consequently, the THECB has advised institutions to consult their own legal counsel to determine what statuses qualify as “lawfully present,” acknowledging that the board’s discretion is limited by federal law. This ambiguity raises concerns that different universities might interpret and apply the standard inconsistently, potentially leading to further confusion for students navigating the Texas Colleges SAVE System.
Advocacy groups have voiced significant privacy concerns regarding the use of SAVE. Julieta Garibay, a strategist at the Intercultural Development Research Association, expressed worries that sharing student information with USCIS could violate privacy protections, such as the Family Educational Rights and Privacy Act (FERPA), and potentially expose students to federal immigration authorities. Critics argue that universities should not become an extension of immigration enforcement agencies, especially when considering the implications for undocumented students and their families. The potential for USCIS verification through the Texas Colleges SAVE System raises these critical questions.
Implications for Students and Texas Higher Education Policy through the Texas Colleges SAVE System
Universities, including the University of Texas at Austin, are reportedly considering the feasibility of integrating the Texas Colleges SAVE System into their admissions and enrollment processes. The shift away from the Texas Dream Act and towards a federal verification system marks a significant change for undocumented students who have relied on the previous policy for affordable higher education. This new higher education policy demands careful implementation.
Beyond the immediate financial implications for students, the end of the Texas Dream Act and the new verification procedures could have broader economic consequences for the state. Economic analyses suggest that rescinding in-state tuition benefits for undocumented students could cost Texas millions of dollars annually in lost wages and spending power, while also potentially exacerbating workforce shortages. The Texas Colleges SAVE System, while facilitating compliance, could inadvertently limit access to critical education for these individuals.
The Texas Higher Education Coordinating Board’s new rules, which took effect in November, require non-citizen students seeking in-state tuition to submit residency questionnaires and affidavits affirming lawful presence. As universities begin to navigate these changes and potentially implement the SAVE program, the focus remains on how to balance federal mandates with the educational access and privacy rights of students. This ongoing situation is a trending topic in Texas news, highlighting the complex interplay between immigration policy, education, and student welfare as Texas colleges adapt to the federal SAVE system.
