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Indiana Policy

Updated As Of: April 19, 2017

The Indiana legislature passed House Bill 1402 prohibiting in-state tuition for undocumented students. However, SB 207 allows undocumented students, who were enrolled in an Indiana college or university before July 1, 2011, to receive in-state tuition.
  • HB 1402, passed in 2011, prohibited in-state tuition for undocumented students.
  • Indiana passed SB 590 in 2011, a law similar to Arizona SB 1070. Key provisions of the law were later blocked following a lawsuit brought by the ACLU and the National Immigration Law Center.
  • SB 207, passed in 2013, allows undocumented students enrolled in an Indiana college or university before July 1, 2011, to recieve in-state tuition.
  • HB 1149 was introduced in 2017. If passed, it would provide that verification that an individual is a United States citizen or qualified alien is not required for the individual to be eligible for resident tuition rates.
  • SB 48 was introduced in 2017. If passed, it would allow undocumented student to receive in-state tuition by fulfilling certain requirements: (1) attend a high school in Indiana for at least 3 years, (2) register as an entering student or enroll at a state educational institution not earlier than the fall semester of the 2015-2016 academic year, and (3) graduate from a high school in Indiana or receive the equivalent of a high school diploma in Indiana.
  • HB 1326, introduced in 2012, would have required an expanded criminal history check for purposes of education law if passed.
  • SB 423 prohibit state postsecondary education institutions from adopting sanctuary policies as of April 2017.
  • HB 1030, introduced in 2017, would prohibit educational institutions and agencies including corporate or political bodies from restricting the enforcement of federal immigration laws if passed. If a complaint is filed, the agency that is the subject of the complaint may not receive state funds until the attorney general determines that the agency's violation has ceased.

Federal law has been unsuccessful at addressing comprehensive access to postsecondary education for undocumented students. Despite efforts to pass the DREAM Act and comprehensive immigration reform, Congress has not addressed the current ambiguous language in IIRIRA regarding undocumented students' eligibility for educational benefits (i.e. in-state tuition and state-funded financial aid programs). Therefore, much of the policy activity regarding postsecondary access for undocumented students has shifted to state and system levels. As a result, state policymakers and higher education institutions take varied approaches to either broadening or restricting access to postsecondary education and educational benefits. Others states have yet to take formal action on this issue, leaving the decision to individual campus leaders.

Under the provisions of this ambiguous policy context, undocumented youth encounter contentious environments with policies that range from inclusive, restrictive, or unstipulated stances.

Inclusive: States with policies that explicitly grant in-state tuition and/or eligibility for public financial aid for undocumented students.

Restrictive: States with policies that explicitly deny eligibility for admission and/or in-state tuition for undocumented students.

Unstipulated: States that do not have stated policies that explicitly address undocumented student access to postsecondary education.

State and system policies are volatile and continuously changing. For the latest, please visit the uLEAD NewsdeskFor information specific to individual state context, click in the subheadings below.

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