Campus News

In-State Tuition for Illegal Immigrants? One Colorado University Says Yes
In what is sure to be a controversial move, the board of trustees for the Northern University of Colorado passed a resolution supporting legislation that would allow undocumented students to pay in-state tuition at the state's public schools, according to an article in the Greely Tribune. Citing Matt Sundeen of the Higher Education Access Alliance (a group of representatives from four Colorado-based nonprofits that conducts research and lobbying activities to promote access to education for undocumented students), the Tribune article notes that "federal and state laws prohibit Colorado colleges from charging undocumented students in-state tuition, which is 100 percent to 560 percent lower than non-resident tuition." Sundeen and other advocates for allowing in-state tuition for undocumented students point to statistics showing that a college education is necessary in order to succeed economically in the United States. Advocates also emphasize the fact that Colorado already subsidizes elementary and secondary education for all students regardless of immigration status. Higher ed subsidies are, they say, the next logical step.
On the other side, Sen. Dave Schultheis (R-Colorado Springs) argues that, in these tough economic times, priority should be given to helping citizen-students succeed academically and professionally. Schultheis also argues that the taxpayers of Colorado would never support the use of their money for support of illegal immigrants (the Tribune notes that bills to allow in-state tuition for undocumented students have failed three times in the Colorado legislature thus far.)
The federal law referenced by the Tribune is the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. §505(a) of the Act restricts the ability of universities to provide benefits to illegal immigrants:

Notwithstanding any other provision of law, 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.
That is, even if Colorado's state law amends current policy to allow state universities to charge in-state tuition to
illegal immigrants, federal law still requires that, unless Colorado's universities extend in-state tuition benefits to all students, regardless of state of residency,
they cannot extend such benfits to illegal immigrants.