LUPE petitions 5th Circuit to revisit ruling that blocks defense of Texas Dream Act
Immigrant-rights group LUPE has asked the full 5th U.S. Circuit Court of Appeals to overturn a July panel decision that stopped it and others from defending the Texas Dream Act, which allowed certain undocumented students to qualify for resident tuition.
On Monday, La Unión del Pueblo Entero (LUPE) submitted a petition asking the full 5th U.S. Circuit Court of Appeals to reverse a July 2-1 decision that barred the group, Austin Community College and student Oscar Silva from stepping into the lawsuit to defend the Texas Dream Act. The 2001 statute permitted undocumented students who graduated from a Texas high school, lived in the state for at least three years and pledged to seek permanent residency to receive in-state tuition rates.
A three-judge panel had ruled that federal law precludes states from offering such tuition benefits unless the same benefit is available to all U.S. citizens, regardless of residence. Governor Greg Abbott hailed the ruling as a victory for the rule of law, while LUPE’s director Luis Castillo Vela warned that the decision threatens the educational prospects of thousands of students. MALDEF’s president Tania Chavez Camacho and its counsel Thomas A. Saenz described the outcome as a grave legal injustice and said they will pursue further federal review.
The majority opinion was written by Judge Jerry E. Smith, joined by Judge Don Willett, with Judge Irma Carrillo Ramirez dissenting. The dispute follows a district-court injunction issued by Judge Reed O’Connor after the Justice Department sued Texas, arguing the law conflicted with a 1996 federal immigration statute.
