Currently, 13 states allow in-state tuition for undocumented students while 6 states prohibit in-state tuition or the enrollment of undocumented students. Colorado is one of the states that prohibit any benefit being given to undocumented students.
*** Update – in November 2012 Maryland passed a state wide ballot initiative allowing in-state tuition to be implemented.
The entirety of the information below was obtained from the National Conference of State Legislatures October 2011 report located here.
Allow In-State Tuition for Undocumented Students
Currently, 12 states have laws allowing undocumented students who meet specific requirements to receive in-state tuition rates at public post secondary institutions. In all, since 2001, 13 states have enacted such legislation (Wisconsin has revoked its law). In addition, Rhode Island’s Board of Governors for Higher Education passed a policy that permits eligible undocumented students to pay in-state tuition.
California and Texas were the first states to enact legislation in 2001. In 2002, New York and Utah passed similar legislation. During the 2003 and 2004 legislative sessions, Washington, Oklahoma, Illinois and Kansas all passed such laws. Oklahoma has since amended its law, leaving granting of in-state tuition rates to undocumented students up to the Oklahoma Board of Regents. The Board of Regents currently still allows undocumented students, who meet Oklahoma’s original statutory requirements, to receive in-state tuition. In 2005 and 2006, New Mexico and Nebraska signed undocumented student tuition legislation into law, and Wisconsin enacted a similar law in 2009, but then revoked that law in 2011. Maryland’s governor signed a law in May 2011 allowing undocumented students meeting the specified requirements to pay in-state tuition at community colleges only. Also in 2011, Connecticut enacted a law allowing in-state tuition for undocumented students.
The states that have passed laws to allow undocumented students to receive in-state tuition delineate requirements for eligibility. In general, students must live in state and attend high school for a specified period (1-4 years), and graduate or receive their GED. Students must be accepted to a public college or university, and must sign an affidavit stating their intention to file for legal immigration status. Nine of the 12 states that allow undocumented students to receive in-state tuition rates do not allow undocumented students to receive state-funded financial aid. California, New Mexico and Texas currently allow undocumented students to receive state financial aid.
2010-2011 Legislative Sessions
During the 2010 legislative session, five states considered eight bills that would have allowed undocumented students to receive in-state tuition rates. None of those measures passed. In the 2011 legislative session, at least 12 states (Arizona, Colorado, Connecticut, Florida, Iowa, Maryland, Massachusetts, Mississippi, Missouri, New Jersey, Oregon, and Rhode Island) have introduced 19 bills that would allow undocumented students to receive in-state tuition rates. Maryland’s Senate Bill 167 passed the General Assembly was signed into law by the governor in May 2011. Connecticut’s House Bill 6390 passed the legislature and was signed by the governor in June 2011.
Prohibit In-State Tuition for Undocumented Students
Four states–Arizona, Colorado, Georgia, and Indiana–bar undocumented students from receiving in-state tuition rates. In 2006, Arizona citizens passed Proposition 300, which prohibits undocumented students from qualifying for in-state tuition rates and any type of state financial aid. In 2008, the state legislatures in Colorado and Georgia passed bills that ban undocumented students from receiving in-state tuition rates. Also in 2008, South Carolina, in legislation titled the “Illegal Immigration Reform Act”, prohibited undocumented students from enrolling in its state colleges or universities. In 2011, Indiana enacted HB 1402 requiring that students be lawfully present to receive in-state tuition benefits. Alabama joined South Carolina when a law was enacted in June 2011 preventing undocumented students from enrolling in public post secondary institutions.
2010-2011 Legislative Sessions
During the 2010 legislative session, 15 states considered 26 pieces of legislation that would have banned undocumented students from receiving in-state tuition rates. None of those measures passed. In the 2011 legislative session, at least 13 states (Alabama, Arizona, Arkansas, Georgia, Indiana, Kentucky, Louisiana, Maryland, Montana, New Jersey, North Carolina, Tennessee, and Virginia) considered 22 bills that would ban undocumented students from receiving in-state tuition rates or from enrolling at public institutions. All bills failed to pass except those noted below.
Indiana’s House Bill 1402 was enacted in May 2011. The bill stipulates that students must be lawfully present to qualify for in-state tuition rates. Montana’s House Bill 638 also passed the legislature and was chaptered in May 2011. Montana’s bill puts a referendum on the 2012 ballot asking voters to decide if the state should deny services to illegal immigrants. Included in the bill is whether to deny illegal immigrants access to public universities and financial aid. Alabama’s House Bill 56 was signed into law in June 2011. It prevents students who are not lawfully present from enrolling in public colleges and universities and prevents them from accessing financial aid.
California, Kansas, Nebraska, New York, Oklahoma, Texas, Washington and Wisconsin introduced bills to repeal their existing laws that grant in-state tuition to undocumented students. Wisconsin’s bill passed; Washinton’s bill is pending; the others have failed.
Community College System Decisions
Several community college systems have considered rules and regulations concerning undocumented students and tuition rates. The Alabama Community College System prohibits undocumented students from enrolling in its colleges. Since 2001, the North Carolina Community College System has changed its admissions policy for undocumented students five times. In the past decade the
system has banned undocumented students from enrolling, allowed each campus to decide whether to admit undocumented students, allowed undocumented students, and then again banned undocumented students from enrolling. Currently, after a 2009 decision, undocumented students who graduated from a North Carolina high school, and who are able to pay out-of-state tuition, are allowed to enroll in the North Carolina Community College System.
Board of Regents Decisions
In September 2011, Rhode Island‘s Board of Governors for Higher Education approved a policy that allows undocumented students to pay in-state tuition at Rhode Island’s colleges if they attended high school in the state for at least three years and graduated. The students must sign an affidavit stating they are pursuing legal status. The policy goes into effect in 2012.
In October 2010, Georgia‘s State Board of Regents passed new rules regulating the admission of undocumented students. The 35 institutions in the University System of Georgia must verify the “lawful presence” of all students seeking in-state tuition rates. In addition, any institution that has not admitted all academically qualified applicants in the two most recent years is not allowed to enroll undocumented students. In 2011, this rule is expected to affect: University of Georgia, Georgia Tech, Georgia State University, Medical College of Georgia and Georgia College & State University.