Which states give undocumented students in-state tuition?

(NewsNation) — An estimated 408,000 undocumented students are enrolled in postsecondary education. A number of states make it more affordable for them by offering in-state tuition fees to undocumented individuals. Undocumented individuals make up about 1.9% of all postsecondary students, an analysis by the Presidents’ Alliance on Higher Education and American Immigration found. This marks a 4.2% decrease from 2019 when 427,000 undocumented students were recorded. The American Immigration Council attributed this to the COVID-19 pandemic and economic pressures. Continued legal challenges to the Deferred Action for Childhood Arrivals program also haven’t helped, it says. DACA, as it’s commonly called, grants work papers, deferral from deportation and international travel allowances to “Dreamers,” or undocumented immigrants who came to the United States as minors, NewsNation partner The Hill writes. ADVERTISING Arguments about DACA are set to go in front of the Supreme Court next year. According to the Higher Ed Immigration Portal, 24 states, as well as the District of Columbia, give in-state tuition to undocumented students residing in them. Eighteen of these states, and D.C., allow them to apply for state financial aid as well. Federal financial aid, however, is not available to undocumented students. Which states give in-state tuition and financial aid? California California state law allows undocumented individuals to pay in-state tuition at state colleges if they attended high school in the state for three-plus years and graduated from a California high school or its equivalent. If someone does not have lawful immigration status, according to CalCareerCenter.org, they need to file an affidavit with their higher education institute stating they have filed or will file an application for legal immigration status. Local news outlet Cal Matters reported in March that the state has let undocumented students receive financial aid at a local level, but students and advocates say the aid application is “unnecessarily complex,” not enough staff are trained to advise students about it and campus departments don’t always collaborate well when processing applications. Only about 14% of undocumented students end up accessing this aid, a report from the California Student Aid Commission said. Colorado Under the 2013 Advancing Students for a Stronger Tomorrow (ASSET) law, eligible students could get in-state tuition at public colleges and universities if they attended a Colorado high school for at least one year prior to graduating or were “physically present” in Colorado for at least one year before taking a high school equivalency exam. In 2019, the law was updated to allow for state financial aid to be given to undocumented students. The ASSET law was again amended in 2022 to remove a requirement that students get admitted to college within one year of graduating high school, the Colorado Department of Higher Education wrote. Connecticut In-state tuition for undocumented Connecticut students was enacted in 2015 after the General Assembly passed House Bill 6844. Undocumented students must attend a minimum of two years of high school in Connecticut and file an affidavit saying they applied for legal immigration status or will do so when eligible. A 2018 law gave them the chance to apply for state financial aid. “The battle we are in over DACA has sought to punish children,” then-Gov. Dannel P. Malloy said at the time. “It’s a toxic environment in which to exist, and I hope the message to the world is that there is another way.” District of Columbia Act 21-650 allows undocumented students to apply if they meet the same criteria necessary to get in-state tuition under Act 21-650. Hawaii The University of Hawaii’s Board of Regents Policy 6.209 says undocumented students have to live in the state for 12 months, graduate from a U.S. high school and file a DACA or legal immigration status, or an affidavit saying they’ll do so, to get in-state tuition. Undocumented students can get state financial aid if they meet Hawaii residency requirements. Illinois Undocumented students are allowed in-state tuition if they lived with their parents or guardians while going to an Illinois high school for three years and sign an affidavit saying they’ll file an application to become a permanent resident as soon as they get an opportunity to. A state law signed on June 21, 2009, allows them to receive state financial aid. Maryland It used to be that undocumented Maryland students could only get in-state tuition at public colleges and universities if they attend community college first, but a 2019 law removed that requirement as well as the one saying students had to attend three years of high school. As it is now, undocumented students have to attend a Maryland high school, register for college up to six years after graduating high school, provide documentation that their parents or guardian have filed a Maryland income tax return for three years and sign an affidavit saying they’ll apply for permanent residency within 30 days of becoming eligible to. Maryland extended eligibility for state financial aid to undocumented students who fill out the Maryland State Financial Aid Application (MSFAA) in 2018. Massachusetts Massachusetts was the latest state to give undocumented students in-state tuition if they attended a high school in the state for three years after its governor signed the $52.6 billion FY24 budget into law in August, NewsNation local affiliate WWLP reported. “We have very ambitious and talented students who now will have these economic barriers removed and they will be able to get that education and training. So, this is an incredible boost to not just our public universities but also to our economy,” Jonathan Paz of Massachusetts Immigrant and Refugee Advocacy Coalition said, according to the news outlet. The Massachusetts Taxpayers Foundation says the undocumented students will generate up to $3.5 million in revenue for public colleges and universities, according to WWLP. Minnesota Axios reports that students who are undocumented not only are able to get in-state tuition and state financial aid in Minnesota but are also allowed to participate in its tuition-free college program as of this year. This program is being offered to both undocumented immigrant students and students who are citizens. “We want to make sure that when we’re expanding opportunities for everybody, we’re doing it for all Minnesotans, regardless of background, regardless of their documentation status,” state Sen. Omar Fateh told Axios in March. Called the “North Star Promise,” the free college initiative covers tuition at two- and four-year institutions in the University of Minnesota or Minnesota State systems for students whose families make under $80,000. As part of the Minnesota Dream Act, undocumented students have to attend high school in the state for three years and men 18 to 25 have to register with the U.S. Selective Service. Nevada Senate Bill 347 gives undocumented students who graduated from a high school in Nevada in-state tuition and state financial aid regardless of whether they are “bona fide” residents of Nevada. Before this law was enacted, the Board of Regents allowed eligible undocumented students to access in-state tuition as well. Gov. Joe Lombardo signed a law that goes into effect on July 1, 2023, that expands this in-state tuition access to those who lived in the state for one year as well. The bill builds on prior legislation from 2021, when the Nevada legislature passed a bill that granted in-state tuition for all DACA recipients that graduate from Nevada high schools. Assemblyman Reuben D’Silva, also a local CCSD teacher, told Fox 5 Vegas the bill got bipartisan support. “This is going to change the lives of thousands of people,” D’Silva said. New Jersey Requirements for undocumented students who get in-state tuition in New Jersey are: attending high school in the state for three or more years and filing an affidavit saying they will apply for lawful status when they are allowed to. A law signed in 2018 lets them get state financial aid. A law signed last January expands this access to students who have a “T” visa, which is for victims of human trafficking; a U visa, for victims of criminal activity who help law enforcement; and dependent students whose parents or guardians have an O-1 or O-2 visa for specialty occupations or extraordinary abilities. New Mexico In New Mexico, state aid that covers all tuition costs for New Mexico undergraduates who go to the state’s public higher education institutions is also made available to undocumented students. New York New York state residents are eligible for in-state tuition at all City University of New York (CUNY) and State University of New York (SUNY) institutions regardless of immigration status. New York Assembly Bill (A.B.) 9612 from 2002 lets undocumented students get in-state tuition if they attended at least two years of high school in the state, apply to go to a higher education institution within five years of them getting a diploma, show proof of New York residency and file an affidavit saying they’ll file for legal status. Another law signed in 2019 lets them access state financial aid. Oregon Requirements for Oregon undocumented students who get in-state tuition are that they must attend primary or secondary school for five years in the United States before getting a diploma (or equivalent) in Oregon, go to an Oregon primary secondary school for at least three years and show they intend to become a citizen or lawful permanent resident. Another law lets certain people who came to the U.S. as refugees, or who have a Special Immigrant Visa, get in-state tuition in Oregon’s undergraduate or graduate programs. Rhode Island Rhode Island’s Residency Policy was amended by the Board of Governors for Higher Education in 2011 to allow undocumented students to get in-state tuition. This policy was made a law in 2021. Undocumented students must go to a Rhode Island high school for three years and continue to live in the state and file an affidavit saying they filed for lawful immigration status or will do so when eligible. Texas A 2001 law lets undocumented Texans get in-state tuition if they live in the state for at least three years after graduating from high school or getting the equivalent of a high school diploma and sign an affidavit saying they’ll file an application to become a permanent resident. According to the Texas Tribune, an appeals court recently reversed a federal district court ruling blocking the University of North Texas from charging out-of-state U.S. citizens higher tuition than undocumented students from Texas. While this ruling is a win for undocumented students, the Tribune says the court left the door open to future challenges of Texas’ in-state tuition law. “There may be valid preemption challenges to Texas’ scheme here. But this is not one of them,” the court stated, per the Texas Tribune. Utah A Utah bill signed in 2002 gives undocumented students in-state tuition if they go to a Utah high school for three or more years and say in an affidavit they will file an application for legal immigration status. The state’s Board of Higher Education approved a resolution supporting the state’s undocumented students and DACA recipients and calls on institutions to collaborate on expanding resources and “streamline processes” to support them. “We embrace and celebrate the diverse cultures, backgrounds, and insights Dreamers, undocumented and DACA-eligible individuals contribute, which elevate the experiences of all students, faculty, staff, and community,” the resolution said. It directs the Utah Board of Higher Education to collaborate with colleges and universities and K-12 partners to “expand dedicated resources and streamline processes, including but not limited to admissions and enrollment, that support Dreamers, undocumented, and DACA-eligible individuals.” Virginia Certain undocumented students in Virginia can get in-state tuition if they go to high school for two years in the Commonwealth or submit evidence they have at least one parent or guardian who has filed income tax returns for the state at least two years before they register or enroll for post-secondary school. In February 2021, this was expanded to state aid too. Washington All undocumented students are eligible for in-state tuition if they completed a full senior year of high school in Washington, lived in Washington for at least three years as of the date they got their diploma, have lived in Washington since then and file an affidavit to say they qualify to pay resident tuition and will seek legal permanent residency. They can get state aid if they are undocumented or DACA students. DACA recipients must have completed a full senior year of high school, lived in Washington for at least three years and have continuously lived in Washington after receiving their diploma and until they are admitted to a higher education institution. Which states allow for in-state tuition, but not state aid? Florida A House bill gives undocumented students in-state tuition, but they must apply for an out-of-state fee waiver, which includes requirements such as attending a secondary school in Florida for three consecutive years before graduation, enrolling in a public state higher education institution within 24 months of graduating and submitting a Florida high school transcript as proof. Students who apply for these waivers are not allowed to get state financial aid. Florida Gov. and Republican presidential candidate Ron DeSantis proposed eliminating in-state college tuition for undocumented and DACA students, a law enacted by his predecessor in 2014, the New York Times reported. However, the Tampa Bay Times said the Florida legislature ended its 60-day session without repealing in-state tuition for these students. DACA recipients, according to the Tampa Bay Times, traveled from across the state to urge legislators to protect in-state tuition for the undocumented. House Speaker Paul Renner and Senate President Kathleen Passidomo, both Republicans, called the decision to protect in-state tuition while pursuing some of DeSantis’ other immigration initiatives a “balanced” and “fair” approach, the newspaper said. Kansas In 2004, lawmakers passed a bill letting undocumented students get in-state tuition if they attend a Kansas high school for more than three years and file an affidavit stating they, or their parents, filed an application to legalize their immigration status. KCUR writes that state aid isn’t available to them, but undocumented persons can find scholarships. Kentucky Undocumented Kentuckians can get in-state tuition thanks to a July 2015 law, but they are not provided with state aid. Maryland Former Gov. Larry Hogan, a Republican, vetoed the bill letting undocumented students go to higher education institutions for in-state tuition prices, but lawmakers overrode this with a three-fifths vote, the Associated Press reported. Nebraska Students have to reside with a parent, guardian or conservator while attending high school in Nebraska for at least three years before graduating to get in-state tuition. An affidavit saying they’ll file for permanent resident status at their earliest opportunity is also required. Oklahoma A law in 2007 let the Oklahoma Board of Regents expand in-state tuition to undocumented students if they went to high school in the state, lived with their parent or guardian in Oklahoma while attending classes for at least two years before graduating and provide their higher education institution a copy of an application or petition filed with the U.S. Citizenship and Immigration Services to legalize the student’s status (or sign an affidavit saying they will file for legal status when able to). Which states provide in-state tuition, but are still working on aid? Arizona Proposition 308 was passed in November 2022 and lets undocumented students get in-state tuition if they spent at least two years attending public or private high school in Arizona. While Prop. 308 repeals part of a ballot measure barring non-citizens from getting tuition and financial aid, according to the Arizona Mirror, the Arizona Republic writes that the state’s community colleges and universities are still working on a system to give them this aid. One reason the state financial aid part of Proposition 308 has not been implemented yet, the Republic reported, is because of the way the financial aid system is set up nationwide. Arizona universities told the Republic the process to implement financial aid for undocumented students was “being finalized” to prepare for the fall 2023 semester. For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.