MALDEF Challenges Texas Tuition Law On Behalf of Vets

JULY 2, 2007- Last week, MALDEF filed a lawsuit in federal district court challenging the exclusion of certain military veterans from the Texas Hazelwood Act. The Hazelwood Act provides military veterans a tuition exemption at Texas public colleges and universities throughout the State. However, veterans who were legal permanent residents when they entered the military are being denied the exemption, including those veterans who subsequently became citizens during wartime and thus served as citizens in defense of the United States.  The Plaintiffs in this lawsuit include two honorably-discharged Texas veterans who are naturalized U.S. citizens as well as the American GI Forum, the Latino veteran’s organization formed after World War II to oppose discrimination.

Prior to 2006, the Hazelwood Act provided a tuition exemption to all honorably discharged veterans who served during combat regardless of citizenship status when they entered the military. In 2005 the Texas Attorney General issued an opinion defining the phrase “citizen of Texas” as used in the Hazlewood Act to mean a person living in the state of Texas and a U.S. citizen.  The application for the Hazlewood Act was changed in response to the Attorney General Opinion and the new application instructs veterans who were not U.S. citizens when they entered the military that they are ineligible for the exemption and that there is no need for them to complete the application.

The lawsuit seeks to provide an equal opportunity to veterans who entered the military as legal permanent residents. In 2005, nearly 9,000 veterans benefited from the tuition exemption.

This week, our country will be celebrating Independence Dayt, a time to reflect on the ideals of equality and liberty that this country was founded upon. “Many legal permanent residents serve honorably in the armed forces.  These soldiers risk their lives for the freedoms we enjoy in the United States and they deserve an equal opportunity when they return home,” stated Nina Perales, Southwest Regional Counsel for MALDEF. “The State’s policy forces public universities across the state to exclude returning soldiers because of their citizenship status,” continued Perales. 

“The Hazlewood Exemption is a fantastic program and Texas should be proud,” stated Plaintiff Raul Dominguez at a news conference announcing the lawsuit.  “However, it is a shame that Texas unfairly treats classes of veterans based solely on their status at the time they entered.” 

“Our clients immigrated to this country legally and unselfishly answered the call to public service by entering the military.  It is only fair that veterans who entered the military as legal permanent residents be afforded the same educational opportunities as those veterans who entered the military as citizens” stated Carlos Becerra, MALDEF staff attorney and lead counsel in the case.

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