Federal law prohibits state colleges and universities from providing in-state tuition rates to illegal aliens “on the basis of residence within the State”—unless the same in-state rates are offered to all citizens of the United States. Today, 12 states are circumventing this federal law, and the legal arguments offered to justify such actions are untenable...
CLICKFederal law passed in 1996 prohibits illegal aliens from receiving in-state tuition rates at public institutions of higher education. Specifically, Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Title 8, Chapter 14, Sec. 1623(a)) states: "an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident."
Several states -- Texas, California, New York, Utah, Illinois, Washington, Nebraska, New Mexico, Maryland (community colleges), Oklahoma, Wisconsin and Kansas -- have passed state laws providing in-state tuition benefits to illegal aliens who have attended high school in the state for three or more years. Similar legislation is pending in Florida, Hawaii, Massachusetts, Minnesota, New Hampshire, New Jersey, North Carolina, Oregon, South Carolina, Tennessee and Virginia. (Connecticut also passed such a law, but the governor vetoed it.) The Nevada system of higher education does not consider immigration status for in-state tuition, but does require it for a state-sponsored scholarship. Also, some schools in Georgia provide in-state tuition benefits to illegal aliens. The Texas law also allows illegal aliens to receive state student financial aid.
“Federal law prohibits state colleges and universities from providing in-state tuition rates to illegal aliens “on the basis of residence within the State”—unless the same in-state rates are offered to all citizens of the United States.”
You nailed it. These stupid politicians don’t realize that if you give the in-state rate to illegals, you must also give it to out-of-state US citizens.
Virginia REPUBLICANS are trying to pass this same law, and if enacted, will result in a loss of $400,000,000 out of state tuition income when they have to match the rate given to illegals.
When these states pass these laws, like Maryland just did, the out-of-state students need to file a lawsuit. It is a slam dunk winner. Then watch these pandering legislators try to come up with the hundreds of millions of dollars shortfalls.