Each year, approximately 98,000 undocumented students graduate from high schools, sharing the same aspirations as their peers: to pursue higher education, build careers, contribute to their communities, and provide for their families.
NILC is dedicated to expanding educational opportunities for all students. This toolkit provides resources for students, advocates, and legislators interested in improving access to in-state tuition, financial aid, and scholarships for immigrant students.
Twenty five states and the District of Columbia have adopted “tuition equity” laws or policies that permit certain students who have attended and graduated from secondary schools in their state to pay the same tuition as their “in-state” classmates at their state’s public institutions of higher education, regardless of their immigration status.
About 84% of the nation’s foreign-born population live in states with tuition equity laws or policies, and other states are considering similar measures. In many of the states that have adopted these policies, support has been strongly bipartisan.
Intent and impact of these laws
Tuition equity laws are intended primarily to help young people who came to the U.S. at a young age and have worked hard in school with the hope of going to college but then discover that they face insurmountable obstacles.
Currently, public colleges and universities are inconsistent in their treatment of such students. A few schools deny them admission. If they are admitted, undocumented students in many states are charged out-of-state tuition, which is several times the in-state tuition rate. They are not eligible for federal financial aid, and the average income of their parents is low. Even those who are eligible for in-state tuition almost always need to work full-time throughout their college careers and may need to skip quarters or semesters due to these financial constraints.
Fairness to immigrant youth
The students who benefit from these policies tend to be goal-oriented and have high academic standing. Many do not realize until they are in the process of applying to college that their immigration status will affect their ability to pursue higher education. High school counselors have testified about the terrible task of breaking the news to such students that the dreams for which they have worked so hard may not come true.
Many parents are concerned that if their children are unable to advance, their discouragement could lead to behavioral and psychological problems, including severe depression.
Benefits to the state
Experience in the states that have adopted tuition equity laws or policies suggests that such policies help U.S. citizens and immigrants of all statuses by reducing high school drop-out rates, increasing the number of graduates who pursue a college degree, raising student incomes and tax contributions, and yielding an array of other economic and social benefits.
According to experts in the states that have adopted tuition equity laws or policies, the cost of implementing them has been negligible. In-state tuition is not the same as free tuition. It is a discount, but in fact, the money paid by these students often increases school revenues because it represents income that the institutions would not otherwise receive.
Our economic future depends on educating all young people. Young immigrants are key to addressing the serious demographic challenges that we face. As baby boomers age, the number of retirees in the U.S. will swell. People who attend college and obtain a professional job will increase their earnings and tax contributions and can help attract employers to the state who are seeking well-educated workers.
This map highlights the states that have adopted tuition equity laws or policies. In these states, students who meet certain criteria (like attending school in the state for a certain number of years), can pay in-state tuition regardless of their immigration status. It also displays the states where financial aid or scholarships may be available to these students. Finally, it marks the states where some or all public colleges deny enrollment to undocumented students.
State Laws and Policies on Access to Higher Education for Immigrants
Last Updated June 2024
- States with tuition equity laws or policies and some state financial aid
- States where some college systems deny enrollment
- States that ban enrollment to undocumented students
- States with tuition equity policies at major institutions
- States with tuition equity laws and scholarships
- States with tuition equity laws
- No state-wide tuition equity law or policy
- States with tuition equity laws or policies and some state financial aid
- States where some college systems deny enrollment
- States that ban enrollment to undocumented students
- States with tuition equity policies at major institutions
- States with tuition equity laws and scholarships
- States with tuition equity laws
- No state-wide tuition equity law or policy
Laws & Policies Improving Access to Higher Education
Dig deeper into each state’s policies on higher education by reading through bill text, fiscal notes, testimonies, and more. In this table, you’ll notice variations of this language across bills. Contact [email protected] for further details and assistance.
Learn MoreBenefits of Tuition Equity Policies for Undocumented Students By State
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Florida
Florida passed HB 851 into law in July 2014, allowing eligible high school graduates the ability to pay in-state tuition rates at public postsecondary institutions. Read more on this policy.
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Massachusetts
- Massachusetts now allows students, regardless of immigration status, to qualify for in-state tuition and state financial aid at public colleges if they meet specific criteria.
- Approximately 1,000 undocumented students graduate from high school each year in Massachusetts.
- Expanding access to in-state tuition rates to undocumented students could generate $2.6 to $3.5 million in new revenue for the state in the policy’s first year of implementation (Source: Massachusetts Taxpayers Foundation)
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New Jersey
- New Jersey allows undocumented students to pay in-state tuition rates (if they meet certain requirements), which has greatly benefited the students and state.
- However, more students would benefit from college if New Jersey enabled them to apply for state financial aid. Read more from New Jersey Policy Perspective.
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Texas
- In 2001, the Texas Legislature passed HB 1403,which extends in-state tuition and grant eligibility to non-citizen residents of the state. Read more on this policy.
- This study finds that providing in-state tuition rates to noncitizens increases the probability of noncitizens enrolling in college. It appears that this policy had a significant positive impact on the probability of enrollment at public universities in Texas.
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Virginia
The availability of in-state tuition rates at public colleges and universities for Virginians provides a pathway to better jobs and opportunities that benefit students and the state economy. Read more in the Commonwealth Institute’s report.
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More Research
- This study finds that the availability of an in-state resident tuition policy positively and significantly affects the college decisions of students who are likely to be undocumented, as measured by an increase in their college enrollment rates.
- Data indicates that tuition equity policies significantly increase the college enrollment rates of Latino foreign-born noncitizens, a large percentage of whom are undocumented.
- Foreign-born noncitizen Latinos are 1.54 times more likely than not to have enrolled in college after the enactment of the tuition policies, compared to the same population in the rest of the U.S.
- This study finds that Mexico-born non–U.S. citizen youth living in states that offer access to in-state tuition rates for undocumented youth are 65% more likely to be enrolled in school than their peers living in states with no explicit policy.
- Conversely, Mexico-born noncitizen youth who live in states that restrict access to in-state tuition for undocumented students are less likely to be enrolled in high school than peers in states with no explicit policy.
- 78.6% of Mexico-born noncitizen youth ages 15-17 living in restrictive states are enrolled in high school compared with 90.9% of Mexico-born noncitizen youth living in states that grant access to in-state tuition rates.
- This study finds that the availability of an in-state resident tuition policy positively and significantly affects the college decisions of students who are likely to be undocumented, as measured by an increase in their college enrollment rates.
Model Language for Tuition Equity Bills
We recommend that any tuition equity bill contain language to address these critical issues:
- The bill’s language should be as inclusive as possible, i.e., the bill should be written to help all the state’s students, including U.S. citizens and immigrants, regardless of their immigration status.
- To avoid a challenge in court, make sure the bill complies with 8 U.S.C. section 1623 by ensuring that U.S. citizens who meet the criteria would qualify to pay in-state tuition rates, regardless of whether they are state residents.
The model language below is typical of a state tuition equity bill or law that’s meant to help students who attended school in the state. We encourage you to use this language as a template and to make any appropriate revisions.
(1) An individual, other than a nonimmigrant within the meaning of 8 U.S.C. 1101(a)(15)(F), (a)(15)(H)(iii), (a)(15)(J) (including only students or trainees) or (a)(15)(M), shall be exempt from paying out-of-state tuition rates if the individual meets all the following criteria: (i) attended high school in [State] for [##] or more years, (ii) graduated from a [State] high school or attained the equivalent thereof, and (iii) is registered as an entering student, or is enrolled at a public institution of higher education in [State].
(2) Information obtained in the implementation of this section is confidential and shall be used or disclosed only for purposes of administering this program.
Note: In this table, you’ll notice variations of this language across bills.
Tuition equity laws have withstood legal challenges
Federal law does not prohibit states from allowing undocumented students to pay in-state tuition rates. Such a prohibition would have been simple to write, but Congress declined to do so. Rather, section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) prohibits states from providing any higher education benefit based on residence to undocumented immigrants unless they provide the same benefit to U.S. citizens in the same circumstances, regardless of their residence.
The states that provide in-state tuition to students who meet certain criteria regardless of immigration status have fully complied with this provision.
Lessons from the States
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Alabama: Hispanic Interest Coalition of Alabama, et al. v. Bentley, et al.
- On June 2, 2011, Alabama’s governor signed HB 56, an omnibus anti-immigrant bill. Included in the law was a provision banning students who cannot show that they are either a lawful permanent resident or have a nonimmigrant status from enrolling in or attending Alabama’s public postsecondary education institutions.
- A coalition of civil rights organizations, including NILC, filed a lawsuit challenging HB 56. On September 28, 2011, the federal district court granted a preliminary injunction blocking the postsecondary education provision, as well as certain other provisions of Alabama’s law, and the state appealed this ruling to the Eleventh Circuit Court of Appeals.
- On May 12, 2012, however, the governor signed HB 658, amending this provision to ban enrollment in postsecondary educational institutions only to students who are not lawfully present in the U.S. In light of this change, the Eleventh Circuit issued an order on August 12, 2012, vacating this injunction.
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California: Martinez v. Regents of University of California, 50 Cal. 4th 1277 (Nov. 15, 2010).
- A class of former and current nonresident U.S. citizens filed suit against the University of California, California State University, and community college systems. The plaintiffs claimed that California’s nonresident tuition exemption violated federal law because the exemption is based on residence in California.
- The California Supreme Court concluded that the California law did not violate federal law. It reasoned that because the exemption is given to all individuals who attended high school in California for at least three years and meet the other requirements, and because not all who have done so are California residents for purposes of in-state tuition, and because not all undocumented immigrants who would qualify as residents but for their status are eligible for the exemption, the exemption is not based on residence in California.
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Kansas: Day v. Sebelius, 376 F. Supp. 2d. 1022 (D. Kan. 2005)
- In 2005, U.S. citizens who were not residents of Kansas filed suit in federal court against the governor of Kansas, the Kansas Board of Regents, and the registrars of Kansas schools.
- Plaintiffs sought to prevent the implementation of a 2004 Kansas law that permits students to qualify for resident tuition if they attend high school in Kansas for three or more years, graduate from high school or receive a GED within Kansas, and meet other criteria, regardless of their immigration status.
- The federal court dismissed most of plaintiffs’ claims on the basis that they lacked standing to bring the suit. The court found that plaintiffs suffered no injury as a result of the Kansas law and that they would be required to pay out-of-state tuition regardless of whether the law was enjoined.
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Federal Guidance: Federal Law Does Not Ban Enrollment of Undocumented Students
- In a letter, North Carolina’s Department of Justice states that “admission” to public postsecondary education institutions is not a public benefit under federal law.
- Admission of undocumented immigrant students to public postsecondary educational institutions is not one of the benefits regulated by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and is not a public benefit under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA).
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