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Member Advisory—Updated April 17, 2006

 

HACU’s Official Position of In-state Tuition for Undocumented Students

 

HACU has for several years supported the Development, Relief and Education for Alien Minors Act (DREAM Act), currently included in several bills in play in the U.S. Senate.  By the same token, HACU  supports the enactment of state and federal laws that facilitate higher education access and financial assistance for undocumented students across the nation. We applaud those states that have legislated in-state tuition for undocumented students who reside and have graduated from high schools in those states.

 

Access to postsecondary education benefits society as a whole through increased earnings and taxes.  It is unfair to deny these students access to higher education in the country in which many have grown up.  Many of these students are here to stay and should have the opportunity to go to college and make their contribution to their adopted home.

 

Below is a table outlining the ten states that currently offer in-state tuition to undocumented students.  System and institutional policy may also play a role in other states in regard to this issue.

 

In-State Tuition for Undocumented Immigrant Students

 

Since 2001, ten states have passed laws permitting certain undocumented students who have attended and graduated from their primary and secondary schools to pay the same tuition as their classmates at public institutions of higher education.

 

State Name

Type of legislative / policy act

Main Provision(s)

Financial Assistance Provided

(yes or no)

Texas

HB 1403

To qualify, all 10 states require students to have:

1)     attended a school in the state for a certain number of years;

2)     graduated from high school in the state; and

3)     signed an affidavit stating that they have either applied to legalize their status or will do so as soon as eligible.

Yes

California

AB 540

No, currently being debated

Utah

HB 331

Only one state program

Washington

HB 1079

No

New York

SB 7784

No

Oklahoma

SB 596

Yes

Illinois

HB 60

No

Kansas

HB 2145

No

New Mexico

SB 582

No

Nebraska

LB 239

No

 

Information provided by:

Krueger, Carl. “In-state Tuition for Undocumented Immigrants,” Education Commission of the States, April 2005. http://www.ecs.org/clearinghouse/61/00/6100.htm

 

Miksch, Karen L. “Legal Issues in Developmental Education: Immigrant Students and the Dream Act.” Research and Teaching in Developmental Education, Fall 2005.  http://www.findarticles.com/p/articles/mi_qa4116/is_200510/ai_n15743514

 

National Immigration Law Center, July 2005, “Basic Facts about In-State Tuition for Undocumented Immigrant Students.”  http://www.nilc.org/immlawpolicy/DREAM/in-state_tuition_basicfacts_052405_rev.pdf