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New Hampshire Policy

Updated As Of: April 5, 2017

The State of New Hampshire effectively bars undocumented students from receiving in-state tuition. Since the passage of HB 1383 in 2012, students are required to sign an affidavit certifying their legal status in order to receive in-state tuition.


  • In June 2012, the New Hampshire legislature passed HB 1383 which effectively denied in-state tuition to undocumented students by requiring students applying for in-state tuition to sign an affidavit certifying their legal status.
  • In January 2014, HB 474 passed the House but died in the Senate. If passed, would make undocumented students meeting certain requirements eligible for in-state tuition. 
  • In 2011, the New Hampshire legislature introduced HB 236, a legislative proposal that would require employers who knowingly employed undocumented immigrants to cover their medical expenses in the event that they are harmed on the job.
  • In 2012, New Hampshire declared its full support of Arizona’s anti-immigration bill SB 1070 in Resolution HCR 2.
  • In 2012, HB 1494, a bill that would allow authorities “with reasonable cause” to detain and arrest individuals who are in the country illegally, was introduced but failed to pass.
  • In 2012, HB 1620, which would have required employers to use e-Verify to check potential employees’ immigration status, was introduced but failed to pass. 
  • In 2013, HB 249 was introduced. If passed, it would have required employers to verify an employee's eligibility to work in the United States by using an immigration status system.
  • In 2014, HB 1168 was passed. It requires employers to obtain and maintain documentation of an employee's eligibility to work in the United States. 
  • ACLU of New Hampshire:  A non-partisan, non-profit organization dedicated to protecting the liberties guaranteed by the U.S. and state Constitution.

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.