Undocumented Students: State University Admission Policies Explained

The issue of undocumented students' access to higher education in the U.S. is complex and varies from state to state. While there is no federal or state law prohibiting the admission of undocumented immigrants to U.S. colleges, institutional policies differ. Some colleges require applicants to submit proof of citizenship or legal residency and may deny admission to those without documentation. Additionally, undocumented students are often ineligible for federal financial aid and state aid, and they do not qualify for in-state tuition rates in every state, which can create significant financial barriers to pursuing higher education. However, some states have adopted tuition equity laws, and a growing number of private colleges consider undocumented students as domestic students, offering them financial aid and support services. Understanding the legal resources and staying informed about policy changes is crucial for undocumented students navigating the college application process.

Federal law does not prohibit state universities from admitting undocumented students

Undocumented students are not required to prove citizenship to enter U.S. institutions of higher education. Still, they may face challenges when applying to colleges that treat them as international students, requiring them to compete for a limited pool of financial aid. In many states, public institutions accept undocumented students but classify them as foreign students, making them ineligible for state aid and in-state tuition rates.

To address these challenges, some states have adopted "tuition equity" laws or policies, permitting certain undocumented students who have attended and graduated from secondary schools in their state to pay the same tuition as their "in-state" classmates at public institutions of higher education, regardless of their immigration status. As of 2021, 19 states and the District of Columbia offered comprehensive access to in-state tuition and state financial aid for undocumented students. These states include Arizona, California, Colorado, Connecticut, Florida, Hawaii, Illinois, Kansas, Kentucky, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, New York, Oklahoma, Oregon, Rhode Island, Texas, Utah, Vermont, Virginia, Washington, and the District of Columbia.

It is important to note that while federal law does not prohibit admitting undocumented students, it also does not provide them with financial support. Undocumented students are not eligible for federal financial aid and must rely on private scholarships, grants, and state or institutional aid. Despite these challenges, many colleges welcome undocumented students and offer scholarships, support services, and other resources to help them succeed in higher education.

Some state universities treat undocumented students as international students

In the United States, there are an estimated 65,000 undocumented students graduating from high schools each year. While these students are guaranteed an education in U.S. public schools through grade 12, they may face legal and financial barriers to higher education. There is no federal or state law prohibiting the admission of undocumented immigrants to U.S. colleges, but institutional policies on admitting undocumented students vary. Some colleges and universities may require applicants to submit proof of citizenship or legal residency and refuse admission to students without documentation.

In many states, public institutions accept undocumented students but treat them as foreign students, making them ineligible for state aid and the lower tuition rates charged to state residents. This can put college out of reach for undocumented students, even if they have been longtime residents of the state. However, some states have passed laws that permit undocumented students to pay in-state tuition rates and receive state financial aid under certain conditions.

As of 2021, the following states allow undocumented students to pay in-state tuition: Arizona, California, Colorado, Connecticut, Florida, Hawaii, Illinois, Kansas, Kentucky, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, New York, Oklahoma, Oregon, Rhode Island, Texas, Utah, Vermont, Virginia, and Washington. Some of these states also allow undocumented students to receive state-level financial aid, including California, Colorado, Minnesota, New Mexico, Oregon, Texas, and Washington.

A growing number of private colleges and universities in the U.S. consider undocumented students to be domestic students for the purposes of admission and financial aid. These institutions have expanded access to specific funds, external scholarships, or other donor funds to support undocumented students. Some private colleges with public policies on accepting undocumented students as domestic students include Pomona College, Oberlin College, Tufts University, Emory University, and Swarthmore College.

Undocumented students are not eligible for federal financial aid

While undocumented students are guaranteed an education in U.S. public schools through grade 12, they may face legal and financial barriers to higher education. Undocumented students are not eligible for federal financial aid, including loans, grants, scholarships, or work-study programs. This is because they are not U.S. citizens or legal residents. However, there are other financial aid options available to them.

Some states offer financial aid to undocumented students, and at least 16 states, including California, Colorado, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oklahoma, Oregon, Texas, Vermont, Virginia, Washington, and the District of Columbia, offer or will offer state financial aid to students regardless of their immigration status. Additionally, some states, such as California, Connecticut, Minnesota, and Utah, allow public universities to offer institutional aid or scholarships to students regardless of their immigration status.

Undocumented students can also apply for private scholarships, although most private scholarship funds and foundations require applicants to be U.S. citizens or legal residents. Still, some universities are willing to give scholarships and other aid to undocumented students. For example, universities like Harvard explicitly tell applicants that they are eligible for financial aid regardless of their immigration status.

Furthermore, undocumented students can explore student loan options, although their citizenship status may influence the amount and access to these loans. They can also consider attending a sanctuary campus, which are colleges that have welcomed immigrant applicants and may offer financial aid packages.

Some states offer financial aid to undocumented students

Financial Aid for Undocumented Students

Undocumented students are not eligible for federal financial aid, and in most states, they are also ineligible for state financial aid. However, some states have adopted "tuition equity" laws or policies that allow undocumented students to pay in-state tuition rates and, in some cases, access state financial aid. These laws and policies vary from state to state, but they generally aim to help young people who were brought to the U.S. by their parents and face obstacles in pursuing higher education.

• California
• Colorado
• Connecticut
• District of Columbia
• Hawaii
• Illinois
• Maryland
• Massachusetts
• Minnesota
• Nevada
• New Jersey
• New Mexico
• New York
• Oregon
• Rhode Island
• Texas
• Utah
• Virginia
• Washington

Some states with more restrictive access include:

• Arizona
• Florida
• Kansas
• Kentucky
• Nebraska
• Oklahoma
• Delaware
• Iowa
• Michigan
• Pennsylvania

Types of Financial Aid

Financial aid can come in the form of scholarships, student loans, or other types of assistance. While undocumented students are generally ineligible for federal student aid, they may be able to obtain institutional or private scholarships. Private scholarships may be merit-based and awarded based on academic achievement rather than financial need. Additionally, some private universities may offer significant financial aid packages to international students without restrictions based on citizenship status.

Applying for Financial Aid

Undocumented students can explore various resources to find information on financial aid opportunities, such as TheDream.US, My Undocumented Life, BigFuture College Board, and FinAid. They can also contact the admissions or financial aid offices of their desired colleges to inquire about available aid. To apply for financial aid, it is crucial to submit the necessary documentation and follow the specified application processes and deadlines.

Sanctuary campuses provide relief from immigration-related anxiety

Sanctuary campuses are places of refuge for undocumented immigrants, protecting them from deportation and offering relief from immigration-related anxiety. While there is no federal or state law prohibiting the admission of undocumented immigrants to U.S. colleges, institutional policies vary, and some may require proof of citizenship or legal residency. Sanctuary campuses, as part of the New Sanctuary Movement, provide practical and psychological support to undocumented students facing legal and financial barriers to higher education.

The practice of "sanctuary" has its roots in ancient stories of wrongfully accused Hebrew people seeking refuge in temples and cities. Today, faith groups and communities extend sanctuary to those facing unjust laws and deportation. Sanctuary campuses are part of a broader movement to protect immigrants from Immigration and Customs Enforcement (ICE) raids, detentions, and deportations. ICE officers can arrest undocumented immigrants, but local law enforcement cannot detain them without reason or suspicion of a committed crime. Sanctuary campuses, often in sanctuary cities or counties, limit cooperation with federal immigration authorities, providing protection from deportation for low-threat undocumented individuals.

Sanctuary policies vary across the United States, but they generally aim to foster immigrant safety, inclusion, and health. While they may not be able to extend legal rights to immigrants, they disrupt detention and deportation practices and shift public narratives around immigration. Sanctuary campuses send a message of inclusion and provide a sense of security for undocumented students. However, it is important to recognize that sanctuary policies do not guarantee immunity from federal immigration enforcement, and ICE officers can still make arrests on campus.

In addition to the psychological relief, sanctuary campuses may also offer practical support. For example, some campuses designate waiting rooms as private spaces, avoiding the capture of sensitive information that could be accessed by ICE. Sanctuary campuses may also provide access to legal funds and resources, housing assistance, and health services, addressing the structural barriers that undocumented students face.

Overall, sanctuary campuses play a crucial role in providing relief from immigration-related anxiety for undocumented students. They offer a sense of security and support, disrupt deportation practices, and advocate for the rights and inclusion of undocumented individuals in higher education.

Frequently asked questions