CHAPARRAL — In the colonia of Chaparral — the largest unincorporated community in New Mexico, located mere miles from the U.S. Mexico border — many students are the first in their families to attend college.
But the free in-state tuition that several Chaparral students rely on is under threat, as the federal government sued New Mexico on Aug. 27 for extending higher education benefits to undocumented immigrants.
New Mexico is one of 21 states to face a lawsuit from the U.S. Department of Justice in connection with a two-decade-old program providing in-state tuition, scholarships and grants to students, regardless of citizenship status. The federal government has argued the program discriminates against U.S. citizens.
The 2020 census put Chaparral’s population at a little over 16,500, but the border community’s true population could be up to 30,000, according to state Rep. Sarah Silva, a Las Cruces Democrat. One community organizer estimated that around half of the population consists of mixed citizenship status families.
Several Chaparral residents who spoke to The New Mexican for this story are being referred to by a single name because of their vulnerable residency status.
Eduardo, a Chaparral resident who attended New Mexico State University, credits in-state tuition as allowing him to “have a bachelor’s in the first place.”
“It’s very shameful that education is being politicized and targeted based off your status,” Eduardo said. “I just don’t get why someone would weaponize education. We all benefit by having an educated population.”
Carlos Villareal/For The New Mexican
Apart from the strain of tuition and textbook costs, “a lot of these folks [in Chaparral] have to take care of their family’s business, or they have to take care of their parents,” Eduardo added. “The median income in the state is not really the best, so this type of in-state tuition that was offered to me [served] to be a cushion for my future.”
Still, many students and Chaparral residents are afraid to even leave their houses due to increased Immigration and Customs Enforcement presence in the region, according to a community organizer who asked to be referred to only by her last name, Gonzalez.
“Undocumented students who don’t qualify for FAFSA are all making sacrifices so that they can be the first in their family to attend college,” Gonzalez said in Spanish. “Apart from the fear of ICE, for these young people, is the fear of giving up on their dreams of a higher education.”
Transportation to NMSU is another barrier, Gonzalez added. Bus systems end at the county line, and since Chaparral is located beyond those boundaries, students do not have an easy commute, she said.
Another Chaparral resident, Kenia, plans to enroll at NMSU next fall. She found out about the lawsuit through an Instagram post.
“I felt pretty devastated,” she said. “We’re all still part of New Mexico, even if we don’t have citizenship or any type of documentation. We’re still human. We still want an education.”
Carlos Villareal/For The New Mexican
For Brenda, the first in her family to attend college, her hope is that her three younger siblings can also attain their bachelor’s degrees. Brenda’s free, in-state tuition at NMSU has “helped us greatly, because if you can imagine four kids going to college … that really adds up.”
“In New Mexico, we don’t have a lot of high-paying jobs, so we need to push education for all New Mexicans, whatever status they are, so that we can also… improve our economy here,” Brenda said.
The Higher Education Department and the New Mexico Department of Justice “are in communication and reviewing relevant materials associated with the claims,” spokesperson Auriella Valles wrote in an email Friday.
“As we continue to review the information, we remain focused on our long‑standing commitment to expanding higher education pathways for New Mexicans,” Valles wrote in a separate email to The New Mexican on Aug. 27.
Carlos Villareal/For The New Mexican
She pointed to programs designed to “support residents pursuing higher education,” which she noted “play a vital role in strengthening the state’s workforce, building talent pipelines, and ensuring that students have access to opportunities that support both individual and statewide success.”
Students in Chaparral urged NMSU to release an official response to the federal lawsuit.
“There should be a much more streamlined, much more disciplined response, just because they brag about being a Hispanic-serving institution, and to be quite frank, I don’t think they’re doing enough to actually capitalize on that,” Eduardo said.
Amanda Wyatt, a spokesperson at NMSU, wrote in an email Friday that NMSU has no comment beyond what the state’s higher education department has already said.
Julia Gentin is a reporter for The Santa Fe New Mexican and Searchlight New Mexico through a partnership with Report for America, a national service program that places journalists into local newsrooms. She covers the Southern New Mexico region. Learn more about Report for America at reportforamerica.org.
