When Berenice, a senior at the University of Texas at Austin, first learned about a state law that offered undocumented students in-state tuition, she realized that she could afford to go to college.
“Without it, it wouldn’t have been a possibility for me,” said Berenice, who is undocumented and agreed to be interviewed on the condition that only her first name be used.
But Berenice, whose family brought her to Texas from Mexico when she was 9 years old, is one of thousands of students now facing higher tuition bills as the in-state benefit has come to an end. Texas officials moved to end the law shortly after the Trump administration challenged the policy in June, arguing that it was illegal for Texas to offer unauthorized immigrants the same discounted tuition as other state residents.
Although her tuition previously cost about $5,000 a semester and was covered entirely by state financial aid, Berenice said her tuition costs jumped to $21,000 this semester.
The challenge against Texas was one of several efforts by the Trump administration to clamp down on programs that provide financial relief for undocumented students. After the Justice Department filed a complaint against Texas, it challenged similar policies in Kentucky, Minnesota and Oklahoma. On Tuesday, the department also filed a complaint against Illinois for offering in-state tuition and scholarships to unauthorized immigrants.
Twenty-two states and the District of Columbia offer in-state tuition to their undocumented students, according to the Presidents’ Alliance on Higher Education and Immigration, a nonpartisan group of American college and university leaders. There are roughly 510,000 undocumented students enrolled in U.S. colleges and universities, representing about 2.4 percent of all students at higher education institutions, according to the alliance’s estimates.
The Education Department has also scrutinized programs that provide aid for undocumented students, announcing in July that it would investigate five universities that awarded scholarships that appeared to be open only to students in the Deferred Action for Childhood Arrivals program, known as DACA. That came after the department said it would end subsidies for unauthorized immigrants enrolled in career, technical and adult education programs.
The efforts are part of a broader crackdown by the Trump administration on public benefits for unauthorized immigrants, an initiative that President Trump has said would deter illegal immigration and preserve aid for American citizens.
Administration officials contend that states are violating federal law by providing in-state tuition to unauthorized immigrants. Their rationale is that the laws discriminate against out-of-state U.S. citizens “who are not afforded the same privileges.” Officials have also said it is unlawful for colleges to deny U.S.-born students the opportunity to compete for certain scholarships.
Critics say the administration’s actions will harm thousands of undocumented students across the country who will face more obstacles to pursuing higher education. They also say the efforts will have punishing economic consequences if fewer undocumented residents can afford to go to college.
Michael Clemens, an economist at George Mason University who focuses on migration, said that subsidizing higher education had various positive returns, and that withdrawing in-state tuition for unauthorized immigrants would harm state economies. If more residents pursue college and earn higher wages as a result, states generate more tax revenue, he said.
Increased levels of education could also lead to reduced crime and higher productivity, including the creation of businesses that are more likely to be successful, Dr. Clemens added.
But undocumented immigrants often have limited access to capital, and many could forgo college entirely if they do not have access to financial relief, he said.
“This is an action that is economically harmful in the service of a political agenda,” Dr. Clemens said.
Some states have recently ended their tuition programs. Earlier this year, Florida lawmakers repealed a policy offering in-state tuition to undocumented immigrants. Shortly after the Trump administration challenged Texas and the state’s attorney general agreed that the program should end, a federal judge declared the 2001 state law “invalid.” Some advocacy groups, including the National Immigration Law Center and the A.C.L.U. of Texas, are challenging the policy’s termination.
In Oklahoma, a federal judge recently ruled that a state law allowing undocumented students to have access to in-state tuition was unconstitutional.
Miriam Feldblum, the head of the Presidents’ Alliance on Higher Education and Immigration, said those actions were already causing undocumented students to stop or delay finishing their degree programs. She also underscored that those students do not qualify for federal student aid, though some states offer their own financial assistance to undocumented students.
Ms. Feldblum said that she worried the efforts would undermine the ability of states to meet their work force needs. She also said that higher education institutions could be negatively affected if enrollment declined and revenue fell as a result. Colleges could also face a loss of skills and talent in fields like health care, STEM and business if fewer undocumented students enroll, she said.
“This administration talks about wanting to build America stronger and wanting to ensure our economic prosperity,” Ms. Feldblum said. “Yet this is doing just the opposite.”
Abigail Jackson, a White House spokeswoman, said it was “common sense that illegal aliens should not receive benefits reserved for American citizens.”
“The administration is focused on improving educational and career opportunities for American citizens by restoring trust in higher education and modernizing American work force programs to prepare citizens for the high-paying skilled trade jobs of the future,” she said in a statement.
Supporters of the efforts said they were encouraged by the administration’s work, which they hoped would reduce illegal immigration. Representative Randy Fine, Republican of Florida, said that states should not be offering “magnets” that encouraged migrants to enter the country illegally, and that it would be beneficial to see fewer undocumented immigrants enrolled in U.S. colleges.
“I want illegal immigrants to go home, not to be pursuing education in the United States,” said Mr. Fine, who previously pushed to end in-state tuition for undocumented students in Florida while serving in the State Legislature.
Other proponents said that they believed the efforts would help protect the rights of American students. “If you’re going to offer discounts to people who are in the country illegally, you can’t do that if you do not offer it to everybody who is in the country legally, regardless of state,” said William A. Jacobson, a Cornell University law professor.
The Education Department announced its investigations into universities that awarded scholarships to DACA recipients after Mr. Jacobson’s group, the Equal Protection Project, submitted complaints to the department. Mr. Jacobson said the group thought the scholarships were a clear violation of civil rights laws, because they appeared to exclude U.S.-born students from applying for them.
Mr. Jacobson emphasized that the group was not challenging the ability of DACA recipients to receive scholarships. “We’re simply saying you can’t have scholarships that are exclusive to them,” he said.
Some students said they had to scramble to figure out how to cover their tuition costs. Berenice, the senior at the University of Texas at Austin, said she had initially planned to take one class this semester and save up money for the other two classes she needed to finish her degree. Although she thought that could delay her graduation, she applied for and received funding from a student group that had been raising funds to help undocumented immigrants afford higher tuition rates.
Immigration advocates, attorneys and friends have also offered donations, she said.
Berenice said she realized about two weeks ago that she could afford to take all three classes this semester and pay only about $4,000 out of pocket.
Still, she said she felt the end of the policy was unfair. “Our parents pay taxes,” she said. “A lot of us didn’t have a choice in coming here. I think a lot of people forget that we were just kids when we were brought.”
Berenice crossed the U.S.-Mexican border over a decade ago with her family. She said they were visiting her father, who was working in the United States at the time and planned to stay only temporarily. But her 3-year-old brother developed a lymphatic malformation on his neck, and her parents decided to stay in the country so that he could receive better medical care, she said.
Berenice said she was still uncertain about how the policy change would affect her career plans. Although she wants to attend law school at the university, she said she was not sure how she could afford out-of-state tuition. She said she still hoped to receive scholarships and either practice corporate law or work with domestic violence victims.
“We’re just trying to give back to the state and to the country that has given us so many opportunities,” she said.
Madeleine Ngo covers U.S. economic policy and how it affects people across the country.
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