In 2001, California and Texas became the first states to enact legislation providing in-state tuition to illegal aliens, with New York and Utah followed suit in 2002. Washington, Oklahoma, Illinois, Kansas, Nebraska and New Mexico have enacted similar legislation since 2003.

Legislators in 16 states have debated similar bills that 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: Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Massachusetts, Maryland, Minnesota, New Jersey, North Carolina, Oregon, Rhode Island, Virginia, and Wisconsin.