Education Program

College Tuition and Undocumented Immigrants

Introduction

A 1996 federal law addressing illegal immigration included a provision affecting state residency requirements for in-state tuition rates, traditionally a matter of state law. Now, states are prohibited from offering in-state tuition rates to unauthorized immigrant students unless other U.S. citizens are eligible for the same rate. Since 2001, more than 20 states have introduced bills addressing in-state tuition for undocumented immigrants. Seven states have established new residency standards allowing unauthorized immigrant students to receive in-state tuition under certain conditions. Students without legal immigrant status continue to be ineligible for federal financial aid, although states are required to provide K-12 public education as a result of a 1982 Supreme Court decision.

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State Action

In 2001, California and Texas were the first states to enact legislation allowing in-state tuition for undocumented immigrants. New York and Utah followed suit in 2002. In 2003 and 2004, Washington, Oklahoma, Illinois and Kansas enacted similar legislation. Legislators in 18 states (Arizona, Colorado, Delaware, Florida, Georgia, Hawaii, Kansas, Massachusetts, Maryland, Minnesota, New Jersey, Nebraska, New Mexico, North Carolina, Oregon, Rhode Island, Washington, & Wisconsin) have debated bills with comparable criteria for eligibility. The enacted state legislation generally requires that students have resided in the state for three years, graduated from a state high school, received notification of acceptance to a public college or university and signed an affidavit stating they will file for legal immigration status.

The Arizona and Virginia legislatures introduced bills to provide in-state tuition for undocumented immigrants and to restrict illegal foreign nationals from attending a public university or college. Both bills are still pending in the Arizona legislature. Virginia's Governor Warner vetoed House Bill 2239 this past April, which would have prohibited any post-secondary education benefit including in-state tuition for any undocumented immigrant. Similar legislation is also pending in the Alaska legislature.

Supporters of this Legislation Say

The Texas House Research Organization estimated that tuition and fees for resident undergraduates enrolled in 12 semester hours at the University of Texas was $1,484 for the spring 2001 semester vs. $4,064 for an out-of-state student. Legislation allowing in-state tuition would make higher education more affordable and accessible for illegal immigrant students who meet the proper residency and academic requirements. The report also indicated that not helping students' attend college results in much greater costs to the state and contributes to an uneducated workforce. In 1986, an estimated 86,000 students dropped out of Texas public schools costing the state $17.12 billion. By 1998, the number of dropouts increased to almost 1.2 million with the costs estimated at $319 billion.

Supporters hope this legislation will give students the incentive to stay in high school and attend a college or university, eventually contributing their education to the society and economy of the state. Many of these students came to the United States with their parents and have lived in the country for more than five years. A large percentage have either graduated from a public high school or obtained their GEDs. According to Jeff Passel of the Urban Institute, the affected population nationally is about 60,000 people per year. By individual state, the rule of thumb is about 0.75% of the undocumented immigrant population (with 5 years or more residence and graduating from a state high school).

Opponents of this Legislation Say

State budget cuts for higher education and recent concerns surrounding September 11, however, have persuaded other legislators to introduce bills to prohibit in-state tuition for foreign students or to exclude all undocumented students from attending a public college or university. Some legislators are concerned that allowing in-state tuition during tight economic times will take away opportunities from U.S. citizens and legal immigrants.

The Texas House Research Organization reported that allowing in-state tuition would cause general revenue funds to decrease by $17.4 million in FY 2004 with the potential to reach $22.2 million by FY 2006.

Federal Action

In April, members of Congress sponsored bipartisan legislation to repeal the provision in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 that prohibits states "from providing a post-secondary education benefit to an alien not lawfully present unless any citizen or national is eligible for such benefit." The Student Adjustment Act would allow certain minor immigrant children to gain legal status and permit states to offer in-state tuition and financial aid to undocumented immigrants. To be eligible, students must under the age of 21, have lived in the United States for five years continuously, and be at least in the seventh grade or actively pursuing admission to a college or university.

Selected References

American Association of State Colleges and Universities; Access for All? Debating In-State Tuition for Undocumented Alien Students. Washington, D.C., February 2003.
http://www.aascu.org/special_report/access_for_all.htm

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