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About our case
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Education

Every student should have access to a public education, including accessible and affordable higher education, regardless of immigration status.

Elementary school students sit in a circle and some of them have their hands raised.

Overview

At the National Immigration Law Center, we fight to protect the constitutional right for all children, regardless of immigration status, to attend our nation’s K-12 public schools, while working to expand access to higher education on the state and federal levels. We power our work through impact litigation, policy advocacy, movement-building, and narrative and culture change.

Why It Matters

All children should have the opportunity to learn and grow without fear. At every stage of life, access to education is essential to a young person’s development and their ability to interact with peers, gain skills, and expand their talents.

Approximately 98,000 undocumented students graduate from high schools in the U.S. every year. These students have the same hopes and dreams as their fellow graduates: to gain a college degree, pursue a career, and be able to provide for themselves and their loved ones. And yet, far too often, these young people graduate and face serious barriers to higher education because of their immigration status.

Our Work

All communities benefit when students are supported in pursuing their dreams. As we advocate for expanded access to higher education, NILC is responding to threats to the right to learn for younger children. Over forty years ago, the United States Supreme Court ensured access to education for all children, regardless of immigration status. The landmark case, Plyler v. Doe, held that it was a violation of the Equal Protection Clause of the Constitution for a state to discriminate against undocumented children by denying them access to that state’s system of public education. Since the Plyler decision, NILC has successfully litigated cases protecting undocumented students’ rights to access public education in California and Alabama, while also taking on barriers arising at the local level across the country.

K-12 Public Schools

In response to emerging, politically-motivated attacks on young immigrant children, we launched a nationwide campaign with 34 partners, dedicated to protecting access to K-12 public education for all students.

Education for All campaign

We’re defending the right to education for every student.

Learn More
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Photo Credit: Lumi Nola

State Laws & Policies on Access to Higher Education for Immigrants

Updated June 2024
  • States with tuition equity laws
  • States with tuition equity policies at major institutions
  • States with tuition equity law and scholarships
  • States with tuition equity laws or policies and some state financial aid
  • States that ban enrollment to undocumented students
  • States where some college systems deny enrollment
ALAL AKAK AZAZ ARAR CACA COCO CTCT DEDE FLFL GAGA HIHI IDID ILIL ININ IAIA KSKS KYKY LALA MEME MDMD MAMA MIMI MNMN MSMS MOMO MTMT NENE NVNV NHNH NJNJ NMNM NYNY NCNC NDND OHOH OKOK OROR PAPA RIRI SCSC SDSD TNTN TXTX UTUT VTVT VAVA WAWA WVWV WIWI WYWY DC
  • States with tuition equity laws
  • States with tuition equity policies at major institutions
  • States with tuition equity law and scholarships
  • States with tuition equity laws or policies and some state financial aid
  • States that ban enrollment to undocumented students
  • States where some college systems deny enrollment
SELECT STATE:

Alabama

State that bans enrollment to undocumented students

Arizona

State with tuition equity laws

California

State with tuition equity laws or policies and some state financial aid

Colorado

State with tuition equity laws or policies and some state financial aid

Connecticut

State with tuition equity law and scholarships

Florida

State with tuition equity laws

Georgia

State where some college systems deny enrollment

Hawaii

State with tuition equity laws or policies and some state financial aid

Illinois

State with tuition equity laws or policies and some state financial aid

Kansas

State with tuition equity laws

Kentucky

State with tuition equity policies at major institutions

Maryland

State with tuition equity laws or policies and some state financial aid

Massachusetts

State with tuition equity laws or policies and some state financial aid

Michigan

State with tuition equity policies at major institutions

Minnesota

State with tuition equity laws or policies and some state financial aid

Nebraska

State with tuition equity laws

Nevada

State with tuition equity laws or policies and some state financial aid

New jersey

State with tuition equity laws or policies and some state financial aid

New mexico

State with tuition equity laws or policies and some state financial aid

New york

State with tuition equity laws or policies and some state financial aid

Oklahoma

State with tuition equity laws or policies and some state financial aid

Oregon

State with tuition equity laws or policies and some state financial aid

Rhode island

State with tuition equity laws

South carolina

State that bans enrollment to undocumented students

Texas

State with tuition equity laws or policies and some state financial aid

Utah

State with tuition equity law and scholarships

Vermont

State with tuition equity laws or policies and some state financial aid

Virginia

State with tuition equity laws or policies and some state financial aid

Washington

State with tuition equity laws or policies and some state financial aid

District of columbia

State with tuition equity laws or policies and some state financial aid

While there has been tremendous progress made on the state level to make college more accessible, too many high-schoolers still graduate only to face serious, and often unsurmountable, financial barriers to higher education. For undocumented students, challenges can include living in states where public colleges and universities deny them admission or charge them several times the rate of in-state tuition, while also not being eligible for federal financial aid.

Inclusive tuition policies have been shown to benefit all communities, by reducing high-school dropout 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.

Key Stats
13.5

13.5 million immigrant have a bachelors' degree or higher educaiton

Source: PNPI

98,000

98,000 undocumented students graduate from high schools in the U.S. every year.

Source: Migration Policy Institute

25

At least 25 states, home to 84% of the country’s foreign-born residents, have a tuition equity law or policy in place.

Source: The National Immigration Law Center

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