State Actions
In June 2001, Texas (HB1403) was the first state to pass legislation allowing in-state tuition for immigrant students, followed by California (AB540), Utah (HB144), and New York (SB7784) in 2001-2002; Washington (HB1079), Oklahoma (SB596) and Illinois (HB60) in 2003; Kansas (HB2145) in 2004; New Mexico (SB582) in 2005; Nebraska (LB239) in 2006; Wisconsin (A75) in 2009; Maryland (S167/H470) and Connecticut (H6390) in 2011. The state laws permit these students to become eligible for in-state tuition if they graduate from state high schools, have two to three years residence in the state, and apply to a state college or university. The student may be required to sign an affidavit promising to seek legal immigration status. These requirements for unauthorized immigrant students are stricter than the residency requirements for out-of-state students to gain in-state tuition.
In 2008, Oklahoma passed HB 1804 which ended its in-state tuition benefit, including financial aid, for students without lawful presence in the United States. The Act allows the Oklahoma State Regents to enroll a student in higher education institutions permitted that they meet special requirements.
States that have barred unauthorized immigrant students from in-state tuition benefits include Arizona (Proposition 300, 2006), Colorado (HB 1023, 2006), Georgia (SB 492, 2008), South Carolina (HB4400, 2008), and Indiana (H 1402, 2011).
Even in MD, the bluest of blue states, the passage of in-state tuition for illegals caused a firestorm of protest and sparked a petitition to get the issue on the ballot. Signatures were collected in record time and the issue is now on the ballot in 2012. In-state tuition has been suspended pending the outcome of the referendum.