In-State Tuition for Undocumented Students

Of the 2.8 million students that graduate from high school every year, about 65,000 are undocumented students. For many of the 65,000, it is where their education in America ends.

All children in the United States are guaranteed an education through grade 12. But if undocumented students (students who were not born in the US and are not citizens or legal permanent residents) have their sights set on higher education, they often face many obstacles.

Since lack of financial assistance is the biggest obstacle keeping undocumented students from going to school, several US states are making it easier for these students by letting them qualify for in-state tuition rates.

How Do Undocumented Students Qualify for In-State Tuition?

Since 2001, over 30 states have considered legislation that allows undocumented students to receive in-state tuition. The legislation passed in 10 states: California, Illinois, Kansas, Nebraska, New Mexico, New York, Texas, Utah, Washington and Wisconsin.

Oklahoma previously offered in-state tuition to undocumented students, but the state repealed its decision in 2008.

The undocumented students must qualify for in-state tuition, and the criteria vary slightly from state to state. Generally, students will have had to reside with their parents or guardians while attending high school for at least three years in that state. The student must also provide the school with an affidavit saying he or she will file an application to become a legal permanent resident of the US when he or she becomes eligible to do so.

Is the Admission of Undocumented Students to College Illegal?

Different schools have different policies on admitting undocumented students.

Some colleges and universities require students to submit proof of citizenship with their application. However, there are no state or federal laws stating that undocumented students cannot attend public or private universities in the US, nor are there laws requiring students to prove their US citizenship before they are admitted.

How Does In-State Tuition Help Undocumented Students?

Many public colleges and universities do accept undocumented students, but despite how long the students may have lived in the state, they are treated as students from different countries. This means that they are not eligible for in-state tuition or any kind of federal financial aid, including work-study programs, loans and scholarships. They also must pay for fees, room and board, books and supplies.

The federal DREAM (Development, Relief and Education for Alien Minors) Act would help undocumented students who have graduated from a US high school. In exchange for completing two years of higher education or two years of military service, the US government would provide financial aid and a path to citizenship.

However, since the DREAM Act has yet to pass, the lack of in-state tuition rates or any kind of federal financial aid makes it all but impossible for many undocumented students to attend college. In-state tuition makes higher education an affordable option for thousands of these young adults.

Why Are People Divided About Giving In-State Tuition to Undocumented Students?

Those opposed to the DREAM Act and in-state tuition for undocumented students say that it rewards illegal behavior and encourages illegal immigration. US taxpayers are contributing to the education of young adults living here against the law.

Four states — Arizona, Colorado, Georgia and South Carolina — have passed specific laws banning undocumented students from being eligible for in-state tuition. Nebraska is considering legislation to repeal law that lets undocumented students qualify for in-state tuition.

Others believe that we should not penalize the children of the parents who brought them here illegally. Many of the undocumented students who graduate from US high schools have been living in the country for five years or more and have already benefited from the public school system. By providing a path to affordable education, students can train for careers, find jobs and become taxpaying citizens.

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