| Author(s): | Jody Feder |
| Title: | Unauthorized Alien Students, Higher Education, and In-State Tuition Rates: A Legal Analysis |
| Source: | http://opencrs.com/document/RS22500/ |
| Date: | 12/22/2012 |
| Organization: | crs |
| Short Description: | Federal law currently discourages states and localities from granting
unauthorized aliens certain higher education benefits. This report provides a legal
overview of cases involving immigrant access to higher education, as well as an analysis of the
legality of state laws that make in-state tuition rates available to illegal aliens. |
| Annotation: | Currently, federal law prohibits states from granting unauthorized aliens certain postsecondary
educational benefits on the basis of state residence, unless equal benefits are made available to all
U.S. citizens. This prohibition is commonly understood to apply to the granting of “in-state”
residency status for tuition purposes. Legislation to amend this federal law has routinely been
introduced in each of the last several congressional sessions, including H.R. 1842/S. 952 in the
112th Congress, but such legislation has never been enacted. Meanwhile, some states have passed
laws aimed at making unauthorized state residents eligible for in-state tuition without violating
this provision. This report provides a legal overview of cases involving immigrant access to
higher education, as well as an analysis of the legality of state laws that make in-state tuition rates
available to illegal aliens. For a policy analysis of this issue, see CRS Report RL33863,
Unauthorized Alien Students: Issues and “DREAM Act” Legislation, by Andorra Bruno. |
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