Talking Points on In-State Tuition for Immigrants

Summary

• Many immigrant children are ineligible for in-state college tuition rates, effectively denying them access to higher education.
• Placing college education out of reach for immigrant students is an enormous loss for the economy and for society.
• To excel in school and attend college, many children of low-income immigrant families overcome tremendous obstacles.
• The denial of in-state tuition rates disproportionately affects Latino students. 
• States should enact laws to make higher education more accessible to long-term resident immigrant students.

Many immigrant children are ineligible for in-state college tuition rates, effectively denying them access to a college education.
Despite the fact that numerous foreign-born children have lived in the United States for most of their lives, many are denied in-state college tuition rates if they are undocumented or in the process of obtaining legal status. 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 rate to attend the Universityof California-Berkeleyis $4,200, compared to $16,580 for international students. The in-state rate at Californiacommunity colleges is $11 per semester unit, compared to $130 per unit for international students. At these rates, college is not a viable option for most immigrant students in lower-income families.

Placing college education out of reach for immigrant students is an enormous loss for the economy and for society.
At a time when state economies need a more highly educated workforce, it makes no sense to deny higher education to immigrant students. College graduates have higher earnings than high school graduates; they pay more state taxes and provide a better trained workforce for high-paying employers. States that block students who are capable of excelling in college are shooting themselves in the foot.

To excel in school and attend college, many children of low-income immigrant families overcome tremendous obstacles.
Often they must overcome language and cultural barriers, in addition to the economic hardships faced by other minority groups. These students have attended and graduated from local high schools in communities where their parents work and pay taxes. Given the opportunity, immigrant students stand to make great contributions to our society.

The denial of in-state tuition rates disproportionately affects Latino students.
Recent Census data show that Latino children are among the fastest-growing populations in the United States. In fact, more than one-third of all Latinos in the United States are under the age of 18. These young people will make up a large proportion of our nation’s future workforce. It is especially important to encourage young Latinos and other immigrant students to continue in school and pursue their dreams through higher education.

States should enact laws to make higher education more accessible to long-term resident immigrant students.
Both New York and Utahadopted legislation in 2002 to allow resident immigrant students who meet certain criteria to attend state colleges and universities at in-state tuition rates. Californiaand Texasadopted similar legislation in 2001. To be eligible, students are required to be state residents, have attended a high school within the state for two years or more, have graduated from a state high school (or attained an equivalent certification), and be currently attending, or have been accepted at, a state college or university. Students are also required to file an affadavit 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.

In-state tuition laws enjoyed strong bipartisan support in both  Californiaand Texas.
For example, California legislation enabling immigrant students access to in-state tuition rates passed the Assembly by a vote of 57 to 15 and the Senate by a vote of 27 to 7. The bill had the support of a broad alliance of educators, businesses, labor unions, faith-based organizations, and the civil rights community.

This policy summary relies in large part on information from CPA, the National Council of La Raza and the National Immigration Law Center.

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