Lori Meadows
In the United States, undocumented students face several challenges in accessing higher education. While some states have adopted tuition equity laws, offering in-state tuition rates and financial aid to undocumented students, others actively block their access to education. The inconsistency in policies across states results in unequal opportunities for undocumented students, with many being priced out of higher education. The lack of federal financial aid and the high cost of out-of-state tuition pose significant financial barriers, making it difficult for undocumented students to pursue their educational goals. However, there are also success stories, with some undocumented students benefiting from in-state tuition policies and contributing positively to their communities. The topic of tuition fees for undocumented students remains a highly debated issue, with arguments for and against its provision.
| Characteristics | Values |
|---|---|
| Number of states that provide in-state tuition to undocumented students at some universities | 4 |
| Number of states that restrict in-state tuition eligibility to DACA recipients only | 4 |
| Number of states that do not have known policies on undocumented students' access to in-state tuition | 9 |
| Number of states that actively block access to in-state tuition for undocumented students | 9 |
| Number of states that provide statewide access to in-state tuition and some state financial aid for undocumented students | 9 |
| Number of states that provide statewide access to in-state tuition for undocumented students, including DACA recipients | 9 |
| Number of states that provide access to in-state or reduced tuition for undocumented students in at least some public institutions | 25 |
| Number of states that offer state financial aid to undocumented students | 16 |
| Number of states that allow public universities to offer institutional aid or scholarships to students who pay in-state rates or graduate from their high schools, regardless of immigration status | 4 |
| Number of states that allow undocumented students to qualify for in-state tuition if they have lived in the state for a certain period | 25 |
| Number of undocumented students enrolled in postsecondary education | 408,000 |
| Number of states that allow undocumented students to receive financial aid at a local level | 1 |
| Number of states that allow undocumented students to receive state financial aid | 9 |
| Number of states that allow undocumented students to get in-state tuition if they go to high school for a certain period in the state | 2 |
| Number of states that allow undocumented students to get in-state tuition if they live with their parents or guardians while going to high school in the state | 1 |
| Number of states that have laws allowing undocumented students to pay in-state tuition | 24 |
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What You'll Learn
States with tuition equity laws
Tuition equity laws allow students who meet certain criteria to pay in-state tuition fees, regardless of their immigration status. These laws are intended to help young people who were brought to the U.S. as children and have since aspired to attend college, only to discover that their immigration status presents an insurmountable obstacle.
The requirements of tuition equity laws vary from state to state, but eligible students generally must have attended a school in the state for a certain number of years and graduated from high school or obtained a GED in the state.
At least 25 states and the District of Columbia have adopted tuition equity laws or policies. These states are:
- 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
Of these states, 16 currently offer state financial aid to undocumented students, with more planning to follow suit. These states are:
- California
- Colorado
- Illinois
- Maryland
- Massachusetts
- Minnesota
- Nevada
- New Jersey
- New Mexico
- New York
- Oklahoma
- Oregon
- Texas
- Vermont
- Virginia
- Washington
- The District of Columbia
It is worth noting that, in some states, individual universities have their own policies regarding tuition equity. For example, the University of Michigan has adopted a tuition equity policy for its campuses, and the University of Hawaii offers financial assistance to eligible students, regardless of their immigration status.
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Financial aid for undocumented students
Undocumented students are not eligible for federal financial aid in the US. However, they may qualify for certain state aid and private scholarships, depending on the requirements. For instance, in New York, eligible undocumented students can apply for the Tuition Assistance Program (TAP). Similarly, the state of California allows undocumented students to receive financial aid at a local level.
Some states have adopted "tuition equity" laws or policies, which allow certain students who have attended and graduated from secondary schools in their state to pay in-state tuition fees and access financial aid, regardless of their immigration status. 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, and Washington.
Specific requirements for accessing in-state tuition and financial aid vary from state to state. For example, in Hawaii, undocumented students must live in the state for 12 months, graduate from a US high school, and file a DACA application or legal immigration status, or an affidavit stating they will do so, to get in-state tuition and state financial aid. In Illinois, undocumented students must have lived with their parents or guardians while attending an Illinois high school for three years and sign an affidavit committing to applying for permanent residency as soon as possible.
While these policies provide opportunities for undocumented students to access higher education, there are challenges in accessing this support. For example, in California, only about 14% of undocumented students access the available financial aid, with students and advocates reporting that the application process is overly complex and that there is a lack of trained staff to provide advice and support.
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Residency requirements for undocumented students
The residency requirements for undocumented students vary across states and universities in the United States. Here is a summary of the residency requirements for undocumented students in different states and institutions:
State of California
Undocumented students in California can receive financial aid, although students and advocates claim that the application process is overly complex. To qualify for in-state tuition rates, students must be continuously physically present in California for more than one year (366 days) before the residence determination date of their requested term. Additionally, they must establish their intention to make California their home more than a year before that date. Undergraduate students under 24 years of age whose parents are not California residents must prove financial independence for the preceding year.
State of Colorado
Colorado's Advancing Students for a Stronger Tomorrow (ASSET) law allows eligible undocumented students to receive in-state tuition if they attended a Colorado high school for at least one year before graduating or were physically present in the state for a year before taking a high school equivalency exam. The law was updated in 2019 to extend state financial aid to undocumented students.
State of Hawaii
The University of Hawaii offers financial assistance to eligible undocumented students. To qualify for in-state tuition rates, undocumented students must reside in Hawaii for 12 months, graduate from a US high school, and file for DACA or legal immigration status or submit an affidavit committing to do so. They can also receive state financial aid if they meet the state's residency requirements.
State of Illinois
Undocumented students in Illinois can receive in-state tuition rates if they lived with their parents or guardians while attending an Illinois high school for three years and sign an affidavit pledging to apply for permanent residency when possible. They are also eligible for state financial aid under a state law enacted in 2009.
State of Virginia
Undocumented students in Virginia can qualify for in-state tuition rates if they attend a Virginia high school for at least two years or provide evidence that at least one parent or guardian has filed state income tax returns for two years before enrolling in post-secondary education. This was expanded to include state aid in February 2021.
State of Washington
Undocumented students in Washington are eligible for in-state tuition rates if they complete their last year of high school in the state, reside in Washington for at least three years from their high school graduation date, continue living in the state, and submit an affidavit affirming their eligibility for resident tuition and their intention to seek legal residency.
University of New Haven
The University of New Haven welcomes applicants regardless of citizenship or residency status. Residency is not a factor in the admissions process, and undocumented students are treated the same as other applicants. However, they are not eligible for federal financial aid but can receive merit scholarships awarded by the Admissions Office.
It is important to note that the laws and policies regarding undocumented students' residency requirements and tuition rates vary across states and institutions, and they are subject to change. Therefore, it is advisable to refer to the specific requirements of each state or university for the most up-to-date information.
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The impact of in-state tuition for undocumented students
Despite these challenges, there are positive developments in several states. At least 24 states and the District of Columbia have adopted "tuition equity" laws or policies that allow certain students who have attended and graduated from secondary schools in their state to pay in-state tuition, regardless of their immigration status. These states include Arizona, California, Colorado, Connecticut, Florida, Hawaii, Illinois, Kansas, Kentucky, and many others. Additionally, some states, like California, Connecticut, Minnesota, and Utah, permit public universities to offer private institutional aid or scholarships to students, regardless of their immigration status.
The University of Hawaii, for instance, provides financial assistance to eligible students, and Utah established the Access Utah Promise Scholarship. These initiatives have had a significant impact, with about 84% of the nation's foreign-born population residing in states with tuition equity laws or policies. Moreover, in states with high immigrant populations, undocumented students represent less than 2% of the overall student population, indicating that the numerical impact of in-state tuition policies is minimal.
However, there are still obstacles to overcome. Only about 14% of undocumented students in California access financial aid due to complex application processes and a lack of trained staff to advise students. Furthermore, while some states actively provide in-state tuition and financial aid to undocumented students, nine states actively block access to in-state tuition, and three of these states prohibit undocumented students from enrolling in public colleges altogether.
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Universities that offer free tuition for undocumented students
While undocumented students are not eligible for federal financial aid, several states and colleges in the United States offer financial aid or scholarships to undocumented students.
California
California allows undocumented students to receive financial aid at a local level. Under the 2013 Advancing Students for a Stronger Tomorrow (ASSET) law, eligible students can get in-state tuition at public colleges and universities if they attended a Colorado high school for at least one year before graduating or were "physically present" in Colorado for at least one year before taking a high school equivalency exam.
Colorado
In addition to California, Colorado offers state financial aid to undocumented students.
Connecticut
Connecticut allows public universities to offer private institutional aid or scholarships to students who pay in-state rates or graduate from their high schools, regardless of their immigration status.
Minnesota
Minnesota is another state that allows public universities to offer private institutional aid or scholarships to students who pay in-state rates or graduate from their high schools, regardless of their immigration status.
Utah
Utah established the Access Utah Promise Scholarship, which consolidates various scholarship programs. The Utah Board of Higher Education is directed to collaborate with colleges and universities and K-12 partners to "expand dedicated resources and streamline processes, including but not limited to admissions and enrollment, that support Dreamers, undocumented, and DACA-eligible individuals."
Washington
Undocumented students in Washington are eligible for in-state tuition if they complete a full senior year of high school in the state, have lived in the state for at least three years since, and file an affidavit stating that they qualify for resident tuition and will seek legal permanent residency.
Oregon
Oregon decided to include undocumented students when they adopted legislation to start the state's tuition-free program in 2015 because it was in keeping with state precedent, allowing undocumented students to pay in-state resident tuition rates at public colleges and universities.
New York
New York passed the Dream Act, which allows undocumented students to qualify for state financial aid or scholarships, including tuition-free programs.
University of Hawaii
The University of Hawaii offers financial assistance to eligible students, regardless of their immigration status. Undocumented students must live in the state for 12 months, graduate from a U.S. high school, and file a DACA or legal immigration status or an affidavit stating that they will do so, to get in-state tuition.
Illinois
Undocumented students in Illinois are allowed in-state tuition if they lived with their parents or guardians while attending an Illinois high school for three years and sign an affidavit stating that they will file an application to become a permanent resident as soon as possible.
While the above information provides some insights into states and universities that offer free tuition for undocumented students, it is important to note that policies and programs may have changed or been updated since the publication of the sources used. Therefore, it is always advisable to refer to the official websites of the relevant states and universities for the most current and accurate information.
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Frequently asked questions
None. However, some universities offer in-state tuition for undocumented students, which is significantly cheaper than out-of-state tuition.
As of 2023, 23 states offer in-state tuition 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, and Washington.
To qualify for in-state tuition in Texas, undocumented students must have lived in the state for three years before graduating from high school and for a year before enrolling in college. They must also sign an affidavit stating that they will apply for legal resident status as soon as possible.
Yes, the University of the People is a tuition-free, accredited American university that offers degrees for undocumented students. Students only need to pay processing fees, which amount to $4,060 for an entire four-year undergraduate degree.
Providing in-state tuition for undocumented students has several benefits. It helps more young people earn degrees, resulting in a more educated workforce, higher wages, better employment rates, and economic growth for states. It also generates significant revenue for institutions, with each graduating class of "affidavit students" in Texas contributing $461.3 million to the state's economy annually.
