Updated As Of: April 12, 2017
In-State Tuition Policy
The state of Texas provides both in-state tuition and state financial to eligible undocumented students.
SB 1403 | In-state Tuition Eligibility Requirements
Graduated from a public or private high school or received the equivalent of a high school diploma in Texas
Resided in Texas for at least three years as of the date the person graduated from high school or received the equivalent of a high school diploma
Register as an entering student in an institution of higher education not earlier than the 2001 fall semester
Provide an affidavit stating that the individual will file an application to become a permanent resident at the earliest opportunity the individual is eligible to do so.
For information on financial aid eligibility requirements click here.
Other Relevant Policies
HB 12, which would have given law enforcement officers the ability to divert their attention away from public safety enforcement and focus on enforcement of federal immigration laws.
HB 17, which would have incorporated federal immigration law into state criminal code.
HB 1202, which would have made knowingly hiring an undocumented worker a state jail felony.
Research and Policy Reports
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 Newsdesk. For information specific to individual state context, click in the subheadings below.