In-State College Tuition for Illegal Immigrants–What to Know

Twenty-three states and the District of Columbia provide in-state tuition and financial aid for illegal immigrants despite a federal prohibition against the practice.

The Illegal Immigration Reform and Immigrant Responsibility Act, signed into law by President Bill Clinton in 1996, prohibits states from offering in-state tuition rates to illegal immigrants unless that same benefit is extended to all U.S. citizens, regardless of residency.

The Trump administration is targeting states that offer in-state tuition for illegal immigrants.

Two Republican-dominated states ended the practice after the Department of Justice (DOJ) sued. The lawsuits were filed after President Donald Trump’s April executive order directing the department to take legal action against the practice.

At most schools, tuition for in-state residents is typically a fraction of what out-of-state residents and international students pay. Public systems are funded by state income and sales taxes.

Here’s what to know.

Trump’s Order

Under Trump’s executive order, signed April 28, the DOJ and Department of Homeland Security are directed to enforce the 1996 federal law prohibiting out-of-state tuition rates from being charged to U.S. citizens if their schools provide in-state discounts to illegal immigrants.

Oklahoma, which had provided in-state tuition rates to any high school graduate who lived with a parent or guardian for at least two years before earning their diploma, immediately settled with the DOJ following an Aug. 5 lawsuit and overturned the state law.

Texas made a similar deal following an April lawsuit, rescinding a 2001 policy that extended in-state tuition rates to illegal immigrant students if they lived in the state for at least three years prior to high school graduation and signed an affidavit promising to seek legal residency as soon as possible.

“Those lawsuits were the low-hanging fruit,” said Ira Mehlman, media director for the Federation for American Immigration Reform. “They’re basically pushing an open door there.”

The DOJ has similar pending lawsuits against Minnesota and Kentucky, where illegal aliens who are deemed state residents are also entitled to in-state tuition rates.

Mehlman said more red states will likely comply without the threat of a federal lawsuit, but New York, California, and Illinois are bracing for a fight and setting the stage for a U.S. Supreme Court case.

Previous Supreme Court decisions affirm that all children in the United States are entitled to a free K–12 education, but not a college education. Moreover, in-state taxpayers subsidize approximately two-thirds of a student’s tuition costs, and most schools have a limited number of slots, Mehlman said.

In-state Tuition for Illegal Immigrants

Several Republican-run states already limit the in-state benefit to U.S. citizens or legal permanent residents, while other states—a combination of blue and red—offer it to students who illegally entered the country before age 16, and have continually attended school.

Alabama, Georgia, and South Carolina prohibit public colleges from even admitting students who are illegal immigrants, according to the nonprofit Higher Ed Immigration Portal.

Annual in-state tuition and fees at New York State’s four-year schools run about $9,000 compared to $20,000-plus for students from other states.

California’s in-state tuition is comparable to New York’s, but its out-of-state tuition is about $33,000. Out-of-state tuition in Florida and Texas is about three times higher than in-state rates, according to the National Center for Education Statistics.

Critics say offering illegal immigrants, or the children of illegal immigrants, in-state tuition rates represents a disconnect between state and federal immigration policy and is an unfair double standard; most international students pay full price.

“Your tax dollars are used to reward those who broke our immigration laws,” Kali Fontanilla, a senior fellow at Capital Research Center, wrote in an Aug. 7 paper.

Additionally, some states dedicate scholarships for illegal immigrants, Fontanilla added.

Blue states remain undeterred, promoting opportunity and diversity in higher education. The State University of New York, for example, encourages illegal immigrants to “use your application as an opportunity to talk about your life in America and how you’ve contributed to your community,” according to SUNY’s website.

Loopholes in Federal Law

States found loopholes in the 1996 legislation and passed residency laws extending tuition benefits to illegal immigrant students who attended and graduated from high school in the same state, Mehlman said.

“The intent of Congress was pretty clear, but now we have a situation where they [states] have not been doing what they were supposed to be doing,” he said.

In Maryland, a 2012 law reduced the in-state tuition rate eligibility requirements to three consecutive years of tax returns, but only one year of high school there before earning a diploma or GED.

A 2022 Colorado law requires one year of high school there before the college application.

An Illinois law that takes effect in 2026 reduces the required in-state high school attendance period to two years.

About 62 percent of the nation’s foreign-born population lives in states with “tuition-equity” laws, according to an Aug. 6 report from the National Immigration Law Center.

More than half a million illegal immigrants are enrolled at U.S. colleges and universities, both public and private.

California leads with nearly 103,000, followed by Texas with 73,000, and Florida with 49,000, according to the Higher Ed Immigration Portal.

Many illegal immigrant high school graduates have lived in the country most of their lives, according to TheDream. US organization, a Georgia-based charity that has provided more than 10,000 scholarships to illegal immigrants across 20 states and 80 partnering colleges.

The average recipient arrived in the United States at age 4 and attended college in their mid-20s. Eighty-five percent were from Latin America, and 70 percent were female, TheDream.US estimates.

“We believe everyone, regardless of where they were born, should have equitable access to a college education, a meaningful career, and opportunities to contribute to the communities they call home,” the group’s website states.

Setting Caps

In North Carolina, all illegal immigrant students are ineligible for discounted in-state tuition.

In addition, every public community college, four-year school, and university can set a cap for out-of-state students, which includes other U.S. citizens, illegal immigrants, and international students.

At the University of North Carolina at Chapel Hill, the state’s flagship school, the cap is 18 percent, but it’s higher at less-selective schools, said Jenna Robinson, president of the James G. Martin Center for Academic Renewal, based in Raleigh.

North Carolina’s state system has 50 community colleges and 16 colleges and universities. There are also several private higher learning institutions across the state that are allowed to discount tuition for illegal immigrants.

Robinson said this arrangement is a “good compromise” that follows federal law and prioritizes families that are more likely to have paid into the system for decades.

What’s Next?

At the national level, Rep. Nancy Mace and Sen. Rick Scott, both Republicans from Florida, proposed the American Students First Act, which would block federal funding to states that grant in-state tuition rates or state-based financial aid to illegal immigrants..

Scott’s bill was referred to the Senate Judiciary Committee on June 18. Mace introduced her legislation in March.

“If a school wants to reward illegal immigration, they can do it without a single dime of federal taxpayer money,” Mace said.

Immigration advocacy organizations urge states to preserve the in-state tuition rates for illegal immigrants.

“The shortage of education dollars is real, but it is patently unfair to burden motivated and high-achieving immigrant youth with this responsibility,” the National Immigration Law Center states.

TheDream.US charity intends to continue its outreach to students in “locked out” states where they don’t qualify for in-state discounts, according to its website.

The organization provides recipients up to $100,000 toward bachelor’s degree programs.

In Georgia, which prohibits illegal immigrant enrollment in public colleges, Freedom University, which opened in 2011, provides free tuition and transportation to 25 illegal immigrant students each semester.

The university considers itself “the one true sanctuary campus in the United States.” Classes are held in confidential locations, and everyone is required to get COVID-19 vaccinations and wear masks, according to its website.

Course listings include U.S. Government Through a Human Rights Lens, mental health and well-being, American Sign Language, radio broadcasting, Political Education, Leadership Development, and Beloved Community Building.

“By centering students’ cultural identities and deepening their political consciousness, we empower them with the knowledge and tools they need to actively participate in the transformation of the world,” the website says.

Aaron Gifford has written for several daily newspapers, magazines, and specialty publications and also served as a federal background investigator and Medicare fraud analyst. He graduated from the University at Buffalo and is based in Upstate New York.

Reprinted with permission from The Epoch Times by Aaron Gifford.

The opinions expressed by columnists are their own and do not necessarily represent the views of AMAC or AMAC Action.