State Laws & Policies

Maps: State Laws & Policies on Access to Higher Education for Immigrants

Table: Laws & Policies Improving Access to Higher Education for Immigrants

States with Pending Bills on Access to Higher Education for Immigrants

Model Language: Tuition Equity

 

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TABLE: LAWS & POLICIES IMPROVING ACCESS TO HIGHER EDUCATION FOR IMMIGRANTS

Currently, twelve states have laws allowing students who meet specific requirements, regardless of their status, to pay in-state tuition rates at public postsecondary institutions: California, Connecticut, Illinois, Kansas, Maryland, Nebraska, New Mexico, New York, Oklahoma, Texas, Utah, and Washington. Wisconsin’s law, enacted in 2009, was repealed in 2011. Rhode Island's Board of Governors for Higher Education also adopted a policy permitting eligible students to pay in-state tuition rates, regardless of their status. Minnesota offers a “flat” tuition rate to students, regardless of their status. Laws in three states — California, New Mexico, and Texas — provide access to state financial aid to students who meet certain criteria, regardless of their status. Illinois and California offer access to privately-funded scholarships for these students.

State	Year enacted	Bill number	Requirements: Years of high school in state	In-state tuition	State financial aid	Privately-funded scholarships	Links to bill text, fiscal notes, analyses, and testimony, where available
CA	2001 2011 2011	AB 540 AB 130 AB 131	3 years	Yes	Yes, effective 1/1/2013	Yes	California State Legislature - AB 540 California State Legislature - AB 130 California State Legislature - AB 131
CT	2011	HB 6390	4 years	Yes	N/A	N/A	Connecticut General Assembly
IL	2003 2011	HB 60 SB 2185	3 years	Yes	N/A	Yes	Illinois General Assembly - HB 60 Illinois General Assembly - SB 2185
KS	2004	HB 2145	3 years	Yes	N/A	N/A	Kansas Legislative Archive
MD	2011	SB 167	3 years	Yes, at community college; can transfer if earn AA or 60 credits	N/A	N/A	Maryland General Assembly
NE	2006	LB 239	3 years	Yes	N/A	N/A	Nebraska Legislature
NM	2005	SB 582	1 year	Yes	Yes	N/A	New Mexico Legislature
NY	2002	SB 7784	2 years	Yes	N/A	N/A	New York State Assembly
OK	2003 2007	SB 596 HB 1804 (preserved discretion)	2 years	Yes, Board of Regents policy	N/A	N/A	Oklahoma Legislature - SB 596 Oklahoma Legislature - HB 1804
RI	2011	Residency Policy S-5.0	3 years	Yes, effective Fall 2012 semester	N/A	N/A	Board of Governors for Higher Education Policy Manual
TX	2001 2005	HB 1403 SB 1528 (amends HB 1403)	3 years	Yes	Yes	N/A	Texas Legislature - HB 1403 Texas Legislature - SB 1528
UT	2002	HB 144	3 years	Yes	N/A	N/A	Utah State Legislature
WA	2003	HB 1079	Complete full senior year of high school & lived in state for 3 years prior to diploma	Yes	N/A	N/A	Washington State Legislature