Challenges to In-State Tuition Policies for Undocumented Students in Multiple States

At least 22 states and the District of Columbia allow undocumented students, including those in the Deferred Action for Childhood Arrivals (DACA) program, to pay in-state tuition rates at public colleges regardless of immigration status, according to the National Immigration Law Center.

To qualify, students typically must have attended a high school in the state for a certain number of years and graduated from that high school. These policies have provided access to postsecondary education for such students since the early 2000s.

Texas enacted the first such law through the Texas Dream Act in 2001, which permitted undocumented students to qualify for in-state tuition. Federal legislation to establish a nationwide policy advanced in Congress but did not pass.

Policy Changes In recent years, several states have repealed or are challenging their in-state tuition laws for undocumented students.

Texas has faced ongoing debates about its policy, under which undocumented students may be required to pay higher out-of-state tuition rates in certain cases. These rates can be significantly higher than in-state rates. The policy shifts could affect students who might otherwise face financial barriers to completing their degrees.

Department of Education issued a rule determining that undocumented students are ineligible for certain federal education benefits, including federal student loans and Pell Grants. A spokesperson for the Education Department told CNBC that the rule is subject to litigation and has not been implemented.

These developments could limit educational opportunities for undocumented students, including DACA recipients, who number over 500,000 nationwide according to federal data.