Battles brew over in-state tuition for undocumented students
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The fight over in-state tuition for undocumented students is heating up across the country.
At least 22 states and the District of Columbia allow students, including students in the Deferred Action for Childhood Arrivals program known as “Dreamers,” to pay in-state tuition at public colleges regardless of their immigration status. National Immigration Law Center. To be eligible for aid, students generally must have attended and graduated from a high school in the state for a certain period of time.
For more than two decades, it has been a pathway to postsecondary education for students who would otherwise miss out on college.
Initially, such policies had bipartisan approval. Texas became the first state to pass a law allowing undocumented students to qualify for in-state tuition through the Texas Dream Act in 2001.
“This policy allowed other states to pass in-state tuition policy, and 25 states have since followed suit,” said Gaby Pacheco, president and CEO of TheDream.US, an immigrant rights nonprofit. “Trying to ensure Dreamers have access to higher education has received a lot of support, but in some cases it has taken years to pass such legislation.”
several versions of one federal law gained traction but stalled in Congress.
But recently the political climate has changed and some states, including Texas, have eliminated tuition. a few more states it’s tough right now education laws.
The University of Houston sign hanging in the Ezekiel W Cullen Building in Houston, Texas.
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Juan, a Quest Bridge scholar, said he was accepted to 15 colleges when he graduated from high school in Galveston, Texas, in 2022, but chose to attend the University of Houston in part because of in-state tuition. Juan asked CNBC not to publish his last name due to concerns about his family’s immigration status.
When Texas eliminates in-state tuition for undocumented students “I was really worried because I was so close to finishing,” he said last summer. “If I had to pay out-of-state tuition, it would be a very difficult financial situation for me and my family. I didn’t want to transfer because I only had one year left.”
Juan, 21, now a senior, was able to continue taking advantage of in-state tuition rates in Texas despite the state’s new restrictions due to his active DACA status. “I know some of my friends had to leave right away,” he said.
As it stands now, the accounting major will graduate with its class in May. “I’m going to try to become a certified public accountant and eventually go to law school and be a civil rights attorney or immigration attorney and help people who aren’t as fortunate as me,” he said.
In July, the U.S. Department of Education issued a publication. new rule Determining that undocumented students are ineligible for certain federal education aid, including federal student loans and Pell Grants, a type of aid awarded solely based on financial need.
“Post-secondary education programs funded by the federal government should benefit American citizens, not illegal aliens,” Secretary of Education Linda McMahon said in a statement about the announcement. he said.
“American taxpayers will no longer foot the bill for illegal aliens to participate in our career, technical or adult education programs or activities,” McMahon said. “The Department will ensure that taxpayer funds are reserved for citizens and individuals who enter our country legally and meet federal eligibility criteria.”
A Department of Education spokesperson told CNBC that this notice is subject to litigation and is not currently being enforced.
‘Out-of-state tuition fees are three times higher’
“The Departments of Justice and Education are working to target these laws and policies one by one,” said Pacheco of TheDream.US. “Years of work have been in vain.”
Under some states’ new policies, undocumented students must pay higher out-of-state tuition fees at public colleges and universities. “Out-of-state tuition fees are three times higher,” Pacheco said. “Many are forced to drop out of school or transfer to community college.”
In-state tuition and fees at four-year public colleges averaged $11,950 for the 2025-2026 academic year. University Board. The out-of-state tab averaged $31,880.
“You’re going to have a population of students graduating from high school who can’t afford higher education,” Pacheco said. In particular, “it’s going to be much harder for communities of color or non-wealthy communities,” he added.
A legal battle over the Virginia Dream Act
In Virginia, the U.S. Department of Justice’s challenge to in-state tuition fees for undocumented immigrants is currently awaiting a judge’s decision, but some experts are hopeful State Law will remain in place.
“The Virginia Dream Act is not yet out of juice, but we are confident the judge will side with the law,” said Zuraya Tapia-Hadley, CEO of the Dream Project, a state-based nonprofit that awards scholarships to undocumented and other immigrant students living in Virginia.
About 87% of nonprofits’ faculty rely on in-state tuition rates, according to Tapia-Hadley.
“The average in-state tuition in Virginia is around $14,000 to $16,000, which rises to around $45,000 to $60,000, doubling or tripling the cost,” Tapia-Hadley said.
He said it would have an “immediate impact” if students became ineligible for in-state rates.
“The reality is that causing students to completely abandon educational activities negatively impacts the entire society,” Tapia-Hadley said. he said. “By creating barriers, we jeopardize our future workforce and pipeline. This is a loss for everyone.”
