Immigrants’ In-State Tuition

Many foreign-born children have lived in the United States for most of their lives but are denied in-state college tuition rates because they are undocumented or are in the process of obtaining legal status. Annually, an estimated 65,000 immigrant students who have lived in the U.S. for more than five years graduate from high school but face barriers to higher education.1 These children are subject to international student tuition rates, which tend to be three to ten times higher than in-state tuition. For example, the annual in-state tuition to University of California-Berkeley is $7,434, compared to $25,254 for international students.2 The in-state rate at California community colleges is $26 per credit, but costs up to $170 per credit for international students.3 These rates place college education out of reach for many immigrant students from lower-income families.

State economies need a better educated workforce, so it makes little sense to deny higher education to immigrant students. College graduates earn more than high school graduates. They pay more state taxes and provide a better trained workforce for high-paying employers. States that block students who could excel in college from receiving an affordable education harm their own economic development.

Recent census data show that Latino children are among the most rapidly increasing populations in the United States. More than one-third of all Latinos in the United States are under the age of 18.4 These young people will make up a large proportion of our nation’s future workforce. It is especially important to encourage young Latinos to finish high school and pursue their dreams through higher education.

In 2005, New Mexico enacted a law that provides in-state tuition rates to immigrants who reside in the state and graduate from a New Mexico high school. Eight other states (CA, IL, KS, NY, OK, TX, UT, WA) adopted similar laws between 2001 and 2004. To be eligible, students are required to be state residents, have attended a high school within the state for one to three years, have graduated from a state high school (or attained an equivalent certification), and to currently attend or have been accepted to a state college or university. Students are also required to file an affidavit stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligible to do so.

Illinois legislation that allows immigrant students access to in-state tuition rates passed the House by a vote of 112 to four, and the Senate by a vote of 55 to one. Similar legislation in New York and Utah was broadly supported by both parties, businesses, unions, educators and the civil rights community.