Table Two: States Restricting Access to Postsecondary Education, 2015
By statute:
Alabama, H.B. 56, 2011 Leg., Reg. Sess. (Ala. 2011); ALA. CODE § 31-13-8 [added section barring undocumented students from enrolling in or attending any institutions of postsecondary education; Enjoined by federal district court, October, 2011]
Arizona, S.C.R. 1031, § 3, Proposition 300, approved election Nov. 7, 2006, eff. Dec. 7, 2006 (Ariz. 2006); ARIZ. REV. STAT. ANN. § 15-1803 [amended to ban in-state tuition for undocumented students]
Georgia, S.B. 492, 149th Gen. Assemb., Reg. Sess. (Ga. 2008); GA. CODE ANN. § 20-3-66(d) [amended to ban in-state tuition for undocumented students]
Indiana, H.B. 1402, 2011 Gen. Assemb., Reg. Sess. (Ind. 2011); IND. CODE ANN. § 21-14-11 [added Ch. 11 to title 21, banning in-state tuition for undocumented students]
Ohio, 129th General Assembly File No. 28, HB 153, § 101.01; O.R.C. 3333.31 (D), (E) (2011) [banning in-state tuition for undocumented students]
Missouri, H.B. 2003, 97th Gen. Assemb., 2d Reg. Sess. (Mo. 2014) “no funds shall be expended at public institutions of higher education that knowingly offer a tuition rate to an unlawfully present covered student pursuant to 173.1110, RSMo, that is less than the tuition rate charged to citizens or nationals of the United States whose residence is not in Missouri” ( http://www.house.mo.gov/billtracking/bills141/biltxt/truly/HB2003T.htm ); and S. B. 224 (“To repeal section 160.545, RSMo, and to enact in lieu thereof one new section relating to eligibility criteria for reimbursements from the A+ schools program”) [Legislature overrode governor’s veto by a 2/3 vote in both the House and Senate: H.J. of Mo., 98th Gen. Assemb., Veto Sess. 27 (2015); S.J. of Mo., 98th Gen Assemb., Veto Sess. 12 (2015).
Montana, 2011 Mont. Laws 1238 [ratified by state ballot measure, November 2012; amending Mont. Code Ann. § 20-25-502 (2009), eff. 1/2013][enjoined by federal court, 6/2014]
South Carolina, H.B. 4400, 117th Gen. Assem. Reg. Sess. (S.C. 2008); S.C. CODE ANN. § 59-
101-430 [added section 430 to bar undocumented students from attending public institutions of higher learning, and also bar them from being able to receive in-state tuition]
By policy or regulation:
Georgia Board of Regents, October, 2010
Section 4: Student Affairs
4.1.6 Admission of Persons Not Lawfully Present in the United States
A person who is not lawfully present in the United States shall not be eligible for admission to any University System institution which, for the two most recent academic years, did not admit all academically qualified applicants (except for cases in which applicants were rejected for non- academic reasons).
(http://www.usg.edu/policymanual/section4/policy/4.1_general_policy/#p4.1.6_admission_of_pe rsons_not_lawfully_present_in_the_united_states) (affecting Georgia College & State
University, Medical College of Georgia, Georgia State University, Georgia Institute of
Technology, and University of Georgia)
4.3.4 Verification of Lawful Presence
Each University System institution shall verify the lawful presence in the United States of every successfully admitted person applying for resident tuition status, as defined in Section 7.3 of this Policy Manual, and of every person admitted to an institution referenced in Section 4.1.6 of this Policy
Manual. (http://www.usg.edu/policymanual/section4/policy/4.3_student_residency/#p4.3.4_veri fication_of_lawful_presence)
University of North Carolina Board of Governors:
Chapter 700
700.1.4[G]
Guidelines on the Admission of Undocumented Aliens
Undocumented aliens are eligible to be considered for admission as undergraduates at UNC constituent institutions [1] based on their individual qualifications with limitations as set out below:
1. An undocumented alien may be considered for admission only if he or she graduated from high school in the United States.
2. Undocumented aliens may not receive state or federal financial aid in the form of a grant or a loan.
3. An undocumented alien may not be considered a North Carolina resident for tuition purposes; all undocumented aliens must be charged out-of-state tuition.
4. All undocumented aliens, whether or not they abide in North Carolina or graduated
from a North Carolina high school, will be considered out of State for purposes of calculating the
18 percent cap on out of State freshmen pursuant to Policy 700.1.3.
5. When considering whether or not to admit an undocumented alien into a specific program of study, constituent institutions should take into account that federal law prohibits the states from granting professional licenses to undocumented aliens.
[1] The North Carolina School of Science and Mathematics admits and enrolls only legal residents of the state of North Carolina. G.S. 116-235. (http://www.northcarolina.edu/policy/index.php?pg=vb&node_id=451)
(Current as of December, 2015, Michael A. Olivas)