Despite its traditionally conservative views, the lone star state led the way back in 2001 by becoming the first state in the country to pass a law which allows non U.S. citizens to pay in-state tuition, as long as they live in the State of Texas.
Now a strong contingent of new conservative leaders threatens to change things. Charles Perry, the new district 83 representative is at the forefront.
"I would anticipate with the conservative legislature that we have, that that would probably be reversed, and citizenship will go back into that bill requirement, that you're a citizen and resident to get in-state tuition credit," Perry said.
According to the State Higher Education Coordinating Board the number of illegal immigrants paying in-state tuition and receiving financial aid at public colleges and universities is on the rise.
Last fall, about one percent of Texas college students paid in-state tuition based on the 2001 law, most of those students are illegal immigrants.
'Stop Texas Set Asides,' is a group that claims that every student in Texas, indirectly, is paying illegal immigrants' way through college.
Perry said that's where things get complicated, he said it's not an immigration issue.
"If you're not a citizen, even though you may live here, and have residency status here, you're not a citizen of the country so why do you receive a benefit that citizens of the country were reserved for prior to it?" Perry said.
A pair of Texas Tech students, however, say they're "A-OK" in knowing a part of their tuition goes to helping others.
"I feel like they deserve the chance just as anybody else to come to college, and they shouldn't be punished just because they aren't citizens. They are making an effort and they shouldn't have to pay more," Valeria Hernandez said.
They say illegal immigrants who have worked their way up to college deserve to attend, and finish.
"At least they're doing something with their lives. They didn't just come to live off the American tax payers. They start going to college to make something of themselves," Vanessa Balderas said.
Perry said it's not fair for Americans who live out-of-state to pay higher tuition than illegal immigrants. He has already authored a bill that would reverse the Texas in-state tuition law, and force non-citizens to pay out-of-state tuition.
