ECSheading
From the ECS State Policy Database
Postsecondary Affordability--Tuition/Fees--Undocumented Immigrants


Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format.

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
WASigned into law 02/2014Postsec.Real Hope Act
S.B. 6523
Expands eligibility for state need grants to students who: completed the full senior year of high school and obtained a diploma at a Washington public or private high school, or received the equivalent of a diploma; lived in Washington for at least three years...

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NJSigned into law 12/2013Postsec.Postsecondary Education for Undocumented Students
S.B. 2479
Allows a student without lawful immigration status to be exempt from paying out-of-state tuition at public universities if the student meets certain criteria and also affirms he or she has or will file an application to legalize his or immigration status. http...

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COSigned into law 04/2013Postsec.Student Classification for In-state Tuition
S.B. 33
Requires that a student be classified as an in-state student for tuition purposes if the student attended a Colorado high school for at least 3 years immediately preceding the date the student either graduated from a Colorado high school or completed a general...

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ORSigned into law 04/2013Postsec.Exemption From Nonresident Status for Higher Education
H.B. 2787
Provides exemption from nonresident status for higher education to students (or students who are financially dependent upon a person who is
not a citizen or a lawful permanent resident of the United States) who are not United States residents and attending a p...

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NHSigned into law 06/2012Postsec.Legal Residency for In-State Tuition Status
H.B. 1383
Requires every student admitted to the university system of New Hampshire after December 31, 2012 and receiving the in-state rate of tuition to execute an affidavit attesting he or she is a legal resident of the United States.
http://www.gencourt.state.nh.us/l...

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TXAdopted 02/2012Postsec.Affidavits of Undocumented Immigrants Enrolling in Postsecondary Institutions
19 TAC 21.30
Creates new s.21.30, concerning Special Procedures for Documenting Compliance. From Texas Register: "Specifically, the new section addresses concerns that have been expressed about the obligation of institutions towards students who are not U.S. Citizens or Pe...

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CASigned into law 10/2011Postsec.Financial Aid, Student Fees for Undocumented Immigrants
A.B. 131
From bill summary: Existing law requires that a student, other than a nonimmigrant alien, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at ...

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OHSigned into law 06/2011Postsec.Resident for Determining Tuition
H.B. 153 - Resident for Determining Tuition
Requires that the chancellor's rules for determining student residency for purposes of determining tuition costs must grant residency status to a person who graduated from an Ohio high school, if the person enrolls in an institution of higher education and est...

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ALTo governor 06/2011P-12
Postsec.
K-12 and Postsecondary Education Services and Illegal Aliens
H.B. 56
Specifies that verification of lawful presence in the U.S. must not be required for K-12 education. However, requires public schools to determine the citizenship and immigration status of their students, to compile data on students who are legally and illegall...

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INSigned into law 05/2011Postsec.Resident Tuition
H.B. 1402
Provides that an individual who is not lawfully in the United States is not eligible to pay the resident tuition rate that is determined by the state educational institution.
http://www.in.gov/legislative/bills/2011/HE/HE1402.1.html...

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CAVetoed 09/2010P-12
Postsec.
California Dream Act of 2010
S.B. 1460
From bill summary: Enacts the California Dream Act of 2010. As of July 1, 2011, exempts a person who has attended, for 3 or more years, at least one of which shall have been in a high school, and graduated from, high school in California from paying nonresiden...

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CAVetoed 09/2010Postsec.Student Financial Aid
A.B. 1413
Effective July 1, 2011: Provides that persons who are exempt from paying nonresident tuition (per section 68130.5 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=68001-69000&file=68130-68134) at the California State University and California Co...

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COSigned into law 05/2008Postsec.
Community College
Classification of Student for In-state Tuition
S.B. 79
Provides assignment of in-state student tuition classification to a student who is a United States citizen who has attended high school or completed a general equivalency diploma in the state within a specified period of time prior to the date the student enro...

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CTVetoed 06/2007Postsec.
Community College
Tuition for Undocumented Students
H.B. 5656
Concerning college tuition for undocumented immigrants committed to the care and custody of the department of children and families; requires the Department of Children and Families to provide college tuition and costs to undocumented immigrants who are commit...

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NVSigned into law 06/2007Postsec.
Community College
Scholarship Eligibility for Children of Military Personnel
S.B. 5A
Provides an exception from the 2-year residency requirement for students who have a parent or legal guardian on active duty serving in the Armed Forces of the United States. Further requires the Board of Regents of the University of Nevada to establish a proce...

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MIVetoed 12/2006Postsec.
Community College
Tuition Grants and Legal Residency
H.B. 5307
Conditions eligibility for tuition grants to students enrolled in independent nonprofit institutions of higher learning on being a U.S. citizen or legal alien with permanent residency status.
http://www.legislature.mi.gov/documents/2005-2006/billenrolled/House...

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MIVetoed 12/2006Postsec.
Community College
Financial Aid for Legal Residents
H.B. 5303
Conditions eligibility for state competitive scholarships on being a U.S. citizen or legal alien with permanent residency status.
http://www.legislature.mi.gov/documents/2005-2006/billenrolled/House/pdf/2005-HNB-5303.pdf...

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MIVetoed 12/2006Postsec.
Community College
Tuition Differential Grants and Legal Residency
H.B. 5308
Conditions eligibility for tuition differential grants for students enrolled in independent nonprofit institutions of higher learning on being a U.S. citizen or legal alien with permanent residency status.
http://www.legislature.mi.gov/documents/2005-2006/bill...

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MIVetoed 12/2006Postsec.
Community College
Higher Education Grants and Legal Residents
H.B. 5302
Conditions part-time independent student higher education grant program eligibility on being a U.S. citizen or legal alien with permanent residency status.
http://www.legislature.mi.gov/documents/2005-2006/billenrolled/House/htm/2005-HNB-5302.htm
...

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MIVetoed 12/2006Postsec.
Community College
Graduate Student Work Study Eligibility and Legal Residents
H.B. 5304
Conditions eligibility for work-study programs for students attending graduate and professional graduate schools and employed by qualified employers, on being a U.S. citizen or legal alien with permanent residency status.
http://www.legislature.mi.gov/document...

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MIVetoed 12/2006P-12
Postsec.
Community College
Merit Award Scholarships and Legal Residency
H.B. 5309
Conditions eligibility for the Legislative Merit Award Scholarships on being a U.S. citizen or legal alien with permanent residency status.
http://www.legislature.mi.gov/documents/2005-2006/billenrolled/House/pdf/2005-HNB-5309.pdf...

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MIVetoed 12/2006Postsec.
Community College
Work Study Eligibility and Legal Residents
H.B. 5305
Conditions eligibility for work-study programs on being a U.S. citizen or legal alien with permanent residency status.
http://www.legislature.mi.gov/documents/2005-2006/billenrolled/House/pdf/2005-HNB-5305.pdf...

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MIVetoed 12/2006Postsec.
Community College
Grant Program Eligibility and Legal Residents
H.B. 5306
Conditions eligibility for the state Educational Opportunity Grant program on being a U.S. citizen or legal alien with permanent residency status.
http://www.legislature.mi.gov/documents/2005-2006/billenrolled/House/pdf/2005-HNB-5306.pdf...

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CAVetoed 09/2006Postsec.
Community College
In-State Tuition for Undocumented Students
S.B. 160
Enacts the California Dream Act that requires the Trustees of the California State University and the Board of Governors of the California Community Colleges, and requests the Regents of the University of California to establish procedures and forms that enabl...

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AZApproved by voters 06/2006Postsec.Prohibition of In-state Tuition for Undocumented Immigrants
V. 7 (Prop. 300)
(PROPOSITION SCR 1031-2006) Submits to the people of the State a measure relating to family literacy public program eligibility; prohibits eligibility to persons not legally in the United States or not citizens; requires reporting of the number of students cla...

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NEGOVERNOR'S veto overridden by LEGISLATURE. 04/2006Postsec.Resident Status for Immigrants with Pending Immigration Status
L.B. 239
From the fiscal note: allow students to claim resident status if they have a petition pending with the U.S. Immigration and Naturalization Service
to attain lawful status. LB239 would also allow students graduating from Nebraska high schools and applying or in...

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NMSigned into law 04/2005Postsec.
Community College
College Benefits
S.B. 582
"NONDISCRIMINATION POLICY FOR ADMISSION TO ANY PUBLIC
POST-SECONDARY EDUCATIONAL INSTITUTION--NONDISCRIMINATION IN
ELIGIBILITY FOR EDUCATION BENEFITS.--
A. A public post-secondary educational institution
shall not deny admission to a student on account of the
...

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RIPassed 07/2004Postsec.
Community College
Postsecondary Education Access
H.B. 7936
Bill as written would have prohibited the Board of Governors for Higher Education from denying admission to any state secondary institution of higher learning based solely upon the applicant's undocumented immigration status or failure to provide proof of the ...

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KSSigned into law 05/2004Postsec.Postsecondary Educational Institutions
H.B. 2145
Concerns certain nonresidents deemed to be residents for purposes of tuition and other fees at postsecondary educational institutions; makes provisions for persons without lawful immigration status under certain circumstances. Would provide that individuals w...

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KYSigned into law 04/2004Postsec.Tuition for Postsecondary Education
S.B. 200
Amend KRS 164.020 to require the Council on Postsecondary Education in defining in-state residency to include a student who met the residency requirements at the beginning of his or her last year in high school....

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ILSigned into law 05/2003Postsec.Higher Education In-State Tuition
H.B. 60
Requires an individual who is not a citizen or permanent resident of the United States to be classified as an Illinois resident if they graduated from a high school in this state, among other conditions. Provides that certain aliens must be given the same priv...

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OKSigned into law 05/2003Postsec.Higher Education
S.B. 596
New section sets new standards for resident tuition. Requires the Oklahoma State Regents for Higher Education to adopt a policy which allows a student to enroll in an institution within The Oklahoma State System of Higher Education and allows a student to be ...

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WAVetoed 04/2003Postsec.Resident Tuition
H.B. 1079
Expands the definition of resident student for higher education purposes. Adds (e) Any person who has completed the full senior year of high school and obtained a high school diploma, both at a Washington public high school or private high school approved unde...

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NYSigned into law 08/2002Postsec.Non-Resident Tuition, Immigrant Students
S.B. 7784
Provides that payment of state university of New York or City University of New York tuition by non-resident students who have attended two years of high school or graduated high school in New York (or received GED in New York) shall be paid at a rate no great...

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UTSigned into law 03/2002Postsec.Non-Resident Tuition
H.B. 331
The bill changes the period of continuous residence in Utah for a non-resident student prior to registering as a resident student. The impact could vary by institution, however, the net impact, once fully implemented, is an estimated increase of $5,000,000 in ...

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TXSigned into law 05/2001Postsec.Residency Requirements
H.B. 1403
Amends residency requirements. Act requires foreign citizens to pay the same tuition as out-of-state students unless they can establish residency by living with a parent/guardian while attending and graduating from a Texas public or private high school or rec...

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CASigned into law 04/2001P-12
Postsec.
Exemption from Nonresident Tuition.
A.B. 540
This bill would require that a person, other than a nonimmigrant alien as defined, who has attended high school in California for 3 or
more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or atte...

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NMSigned into law 04/2001Postsec.Definition of Residency
H.B. 375
Amends the definition of resident student for the purposes of assessing in-state tuition at a NM public college or university (Section 21-1-3 NMSA 1978). The definition is expanded to include foreign nationals assigned to armed forces active duty in New Mexico...

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