Undocumented Students

State Legislation in Support of Undocumented Student Education

Comments Off on State Legislation in Support of Undocumented Student Education 22 November 2013

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Even though the DREAM Act has not been passed nationwide, many states inspired by the bill have passed their own legislation helping undocumented students gain easier access to higher education.

We have created an alphabetically organized list of these states, including exactly what laws they have passed, and the steps a student must take to qualify for them. If available, we provided a link to the text of each state’s bill, as well as links to relevant resources for each state.

As more and more states continue to pass similar laws, we will update this list accordingly. We hope it can be a crucial resource to any undocumented students searching for information or assistance in their transition to college.

 

California 

CA State Flag

Laws Passed: In State Tuition for Undocumented Students and State Financial Aid for Undocumented Students 

In-State Tuition Requirements:

  1. Student must have completed 3 years of high school in CA and graduated from a CA high school
  2. Student must complete an AB 540 Affidavit

State Financial Aid Requirements:

Students who qualify for and have completed the requirements for In-State tuition are able to apply for CA financial aid by filling out the California Dream Act Application.

Resources:

Text of Bills: AB 130AB131AB 540

Financial Aid Application

AB 540 Informational Page 

 

Connecticut

nunst008

Law Passed: In State Tuition for Undocumented Students

In State Tuition Requirements:

  1. Student must attend four years of high school in Connecticut
  2. Student must have received a diploma from a Connecticut high school or GED
  3. Student must submit an affidavit with their college or university stating they will apply for legal residency when they are eligible to do so

Resources:

UCONN FAQ page for undocumented students

Illinois 

Illinois State Flag

Laws Passed: In State Tuition for Undocumented Students and the establishment of the Illinois DREAM Fund Scholarship for Undocumented Students

In State Tuition Requirements:

  1. Student must have resided in Illinois with a parent or guardian while attending an Illinois public or private high school
  2. Student must have graduated from an Illinois high school or received GED
  3. Student must have attended public or private high school for at least 3 years
  4. Student must provide the university with an affidavit stating he/she will file an application to become a permanent resident of the United States as soon as they are eligible

Illinois DREAM Fund Requirements:

To be eligible for scholarship money allocated to the Illinois DREAM fund, student must meet the same criteria that determines in state tuition eligibility

Resources:

Text of Bills: SB 2185, HB60

ISAC Dream Act Page 

Undocumented Illinois Student Guide 

 

Kansas

Kansas State Flag

Law Passed: In State Tuition for Undocumented Students

In State Tuition Requirements:

  1. Student must attend a Kansas high school for three or more years
  2. Student must graduate from a Kansas high school or receive a GED
  3. Student must provide an affidavit stating he/she will apply for legal residency when able to do so

Resources:

Text of Bill: HB 2145

Kansas Dream Act Information Page 

 

Maryland

Maryland State Flag

Law Passed: In State Tuition for Undocumented Students with a Community College Requirement

In State Tuition Requirements:

  1. Student must have attended a Maryland high school for at least 3 years
  2. Student must prove that they and their family has legally filed taxes
  3. Student must receive a diploma or GED
  4. Student must attend a Maryland community college for 2 years to be eligible for transfer to Maryland public 4 year institution with eligibility for in state tuition
  5. Student must file an affidavit indicating intent to seek legal residency as soon as they are eligible

Resources:

Education Week Article on Voter Approval of Maryland Dream Act 

 

Massachusetts 

Massachussetts State Flag

Law Passed: In State Tuition for Undocumented Students

In State Tuition Requirements:

  1. Student must attend a MA high school for 3 years prior to graduation
  2. Student must have graduated from a MA high school or received a GED
  3. Student will sign an affidavit indicating intent to start proceedings for permanent residency

Resources:

Massachusetts Live Article on Passage of Law 

Nebraska 

Nebraska State Flag

Law Passed: In State Tuition for Undocumented Students

In State Tuition Requirements:

  1. Student must reside in Nebraska for at least 3 years prior to high school graduation/GED
  2. Student must graduate from a Nebraska public or private high school or obtain a GED
  3. Student must live with a parent or guardian while attending high school
  4. Student will file an affidavit stating intent to become to become a permanent resident at their earliest opportunity. If the parent ceases to reside in Nebraska, the student can retain resident status if the student has a bona fide intention to reside in Nebraska

Resources:

Text of Bill: LB 239

Dream Act Information Page for Nebraska 

New Mexico

New Mexico State Flag

Laws Passed: In State Tuition for Undocumented Students and State Financial Aid for Undocumented Students

In State Tuition Requirements:

  1. Student attended a New Mexico high school for at least a year
  2. Student graduated from a New Mexico high school or obtained a GED in New Mexico

State Financial Aid Requirements:

The requirements are the same as those for in state tuition eligibility

Resources:

Text of Bill: SB 582

Dream Act Information Page for New Mexico

New York 

New York State Flag

Law Passed: In State Tuition for Undocumented Students

In State Tuition Requirements:

  1. Student attends a New York high school for two or more years
  2. Student graduated with a New York high school diploma and applied for attendance to college within 5 years of receiving it OR obtained a GED and applied for attendance to college within 5 years of receiving it
  3. Student will supply an affidavit to your prospective college stating intent to file an application for legalization as soon as you are able

Resources:

Text of Bill: S. 7784/Bill No. A9612-A

NYT article about pending legislation allowing for state financial aid

Oklahoma 

Oklahoma State Flag

Law Passed: In State Tuition for Undocumented Students  Contingent on Board of Regent Review

Note: Oklahoma allowed undocumented students access to in state tuition in 2003, but revoked that law in 2008 with the passage of HB 1804. Now, the Oklahoma Board of Regents determines whether or not an undocumented student can enroll in Oklahoma public schools and whether they are eligible for in state tuition

In State Tuition Requirements:

  1. Student graduated from a public or private OK high school
  2. Student resided in OK with a parent or guardian while attending classes at a public or private high school in the state for at least 2 years prior to graduation
  3. Student secured admission to, and enrolled in, an institution within the OK state system of higher education; and provided to the institution a copy of a true and correct application or petition filed with the US Citizenship and Immigration Services to legalize the student’s status OR filed an affidavit of such intent

 

Oregon

Oregon State Flag

Law Passed: In State Tuition for Undocumented Students (Effective July 1, 2013)

In State Tuition Requirements:

  1. Student must have attended a US public or private school for at least 5 years
  2. Student must have attended an Oregon public or private high school for at least 3 years
  3. Student must have earned a diploma or GED from an Oregon public or private high school
  4. Student must sign an affidavit indicating intention to become a US citizen or legal resident as soon as they are eligible

Resources:

Text of Bill: HB 2787

 

Rhode Island

Rhode Island State Flag

Law Passed: In State Tuition for Undocumented Students

Note: The decision was approved by the Rhode Island Board of Regents, not the Rhode Island Legislature

In State Tuition Requirements:

  1. Student must attend a RI high school for a minimum of 3 years
  2. Student must graduate from RI high school or obtain a GED
  3. Student must sign an affidavit indicating intent to seek legal residence at earliest availability

Resources:

Politico story outlining legislation 

 

Texas 

Texas State Flag

Laws Passed: In State Tuition for Undocumented Students and Access to State Financial Aid for Undocumented Students

In State Tuition Requirements:

  1. Student must have lived in Texas the 3 years leading up to high school graduation or the receipt of a GED
  2. Student resided in Texas prior to enrollment in an institution of higher education
  3. Student will fill out an affidavit indicating intent to apply for Permanent Resident status as soon as able to do so

State Financial Aid Requirements

  1. Student must be a Texas Resident
  2. Student must have not been convicted of a felony or crime
  3. Student will have financial need
  4. Student has an EFC less than or equal to $4000
  5. Student will register for the selective service or are exempt from this requirement
  6. Student will qualify under requirements of in state tuition

Resources:

Text of Bills: SB 1528, EC Sec. 56

Government site explaining legislation

Utah

Utah State Flag

Law Passed: In State Tuition for Undocumented Students

In State Tuition Requirements:

  1. Student must attend high school in UT for 3 or more years
  2. Student must graduate from UT high school or receive HS Diploma equivalent
  3. Student must file an affidavit stating they have filed an application to legalize ones immigration status, or will file an application as soon as one is able

Resources:

Text of Bill: HB 144

Dream Act Information page for Utah 

Washington

Washington State Flag

Law Passed: In State Tuition for Undocumented Students

In State Tuition Requirements:

  1. Student must have graduated from WA high school, lived in state for at least 3 years, and must NOT have left the state for an “extended period.”

OR

  1. Student must have completed the equivalent of a high school diploma, have resided in WA for 3 years prior to receiving it and have continuously resided in state since earning the equivalent, and must NOT have left the state for an “extended period.”

To enroll in college, a student must:

  1. Complete the admission and scholarship applications from the college or university the student plans to attend
  2. Fill out and sign THIS AFFIDAVIT
  3. Submit the admission, scholarship applications, and affidavit  to the college by the college’s deadline

Resources:

Text of Bill: HB 1079

Washington State FAQs for Undocumented Students

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