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 have enacted similar legislation since 2003.
 Legislators in 16 states (see chart directly below ) 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.
States Offering Or Considering Offering
In-state Tuition For Illegal Aliens |
Already Reward Illegal Aliens with In-state Tuition |
Considering or Have Considered Rewarding Illegal Aliens with In-State Tuition |
| California |
Arizona |
| Illinois |
Colorado |
| Kansas |
Connecticut |
| Nebraska |
Delaware |
| New Mexico |
Florida |
| New York |
Georgia |
| Oklahoma |
Hawaii |
| Texas |
Massachusetts |
| Utah |
Maryland |
| Washington |
Minnesota |
| |
New Jersey |
| North Carolina |
| Oregon |
| Rhode Island |
| Virginia |
| Wisconsin |
American Students: Demand Financial Equality from States that Offer In-State Tuition for Illegal Aliens
Federal Law Title 8, Chapter 14, Sec. 1623 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."
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.
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)
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