If they were brought here against their will, once they turn 18, there is nothing from stopping them from going BACK HOME. Why should free tuition be a reward for coming here illegally?
Yeah thats right...kids who come here as infants, have a real choice...lets show our compassion by showing them the door and sending them back to a country that they know nothing about....great idea!
Obviously if you aren't going to give the benefit to U.S. citizens in other states you shouldn't give it to illegals. Plus if an illegal is old enough to go to college isn't he also old enough to start the application procedures for legal status? And if immigration laws doesn't have a special category for this why should state taxpayers create one?
Most of these proposed in-state tuition laws require that student has attended high school for three years or so in the state. Problem is that in states with good home school laws, there are a lot of umbrella schools operating that don't require residency, and also a lot of internet education schools that generate official transcripts. Kid could be virtually anywhere in the world, enroll in local umbrella high school, claim three years of high school and get in-state tuition.
Not that I think that this possibility in any way should be used as an argument against good home schooling laws.