Federal law states "an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State ... for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit." (Title 8, Chapter 14, Section 1623)

In a nutshell, that means the state and its public institutions must offer the same aid to all legal U.S. residents regardless of residency.

However, some states currently violate this federal law by giving tuition breaks to illegal aliens and charging American citizens from other states higher tuition fees. Those states are California, New York, Utah, Washington, Oklahoma, Illinois, Kansas, Nebraska, and New Mexico. Sixteen more states have debated similar bills: Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Massachusetts, Maryland, Minnesota, New Jersey, North Carolina, Oregon, Rhode Island, Virginia, and Wisconsin. Generally require illegal alien students have resided in the state for three years, graduated from a state high school, received notification of acceptance to a public college or university and signed an affidavit stating they will file for legal immigration status.

If you are an out-of-state student attending any public postsecondary school in one of those states and are paying the higher tuition rates, you may be entitled to a refund.

Please send an email to Friends of Immigration Law Enforcement (FILE) including your name, telephone number, the school you attend, the difference between out-of-state tuition fees and in-state tuition fees per unit, and the amount that you feel you've been overcharged.

Insert the following text at the bottom of the email message to FILE:

"I am providing this information to Friends of Immigration Law Enforcement (FILE) freely, voluntarily, and with no expectations or demands whatsoever. I agree this information is the property of FILE and its representatives, and -- FILE may use this information in any way it deems necessary. I hold FILE and its representatives harmless in every respect, and represent, warrant and confirm that the information contained herein is truthful. I agree that FILE may use any or all of this information in any way whatsoever, including, but not limited to, publication. I understand that FILE is not obligated to respond or act in any way due to this information or any request I may send to it. I further understand and agree that no attorney-client relationship exists between FILE and me or any related party unless agreed in writing."

Source: Friends of Immigration Law Enforcement (FILE)