The Debate Over In-state Tuition for Undocumented Students - FAQs - Part 2

2008-07-02T01:07:19Z

Part 1 is here

Do individual states have the right to “establish reasonable criteria” for in-state tuition? In Goodhart v. Bd. Of Visitors, the District Court for the Western District of Virginia ruled that a state had a legitimate interest in protecting the right of its bona fide residents to attend its colleges and universities on a preferential basis. “Preferential tuition rates serve not just legitimate, but important, state interests.” The decision upheld a resolution by a university in Virginia not to grant instate tuition to a student from Georgia who had moved there for higher education and claimed to remain indefinitely.

Does 8 U.S.C. § 1623 prevent states from granting instate tuition to undocumented students? Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Title 8, Chapter 14, Sec. 1623(a)) states: "an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident." Some interpret this law to mean that instate-tuition for undocumented students is unconstitutional—the Courts have thus far skirted around the issue.

nonresident at Brave New Films

The Debate Over In-state Tuition for Undocumented Students - FAQs - Part 2