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IWS Documented News Service
_______________________________
Institute for Workplace Studies----------------- Professor Samuel B. Bacharach
School of Industrial & Labor Relations-------- Director, Institute for Workplace Studies
Cornell University
16 East 34th Street, 4th floor---------------------- Stuart Basefsky
New York, NY 10016 -------------------------------Director, IWS News Bureau
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Congressional Research Service (CRS)

 

Unauthorized Alien Students, Higher Education, and In-State Tuition Rates: A Legal Analysis

Jody Feder, Legislative Attorney

September 21, 2010

http://opencrs.com/document/RS22500/2010-09-21/download/1013/

[full-text, 9 pages]

 

Summary

Currently, federal law prohibits states from granting unauthorized aliens certain postsecondary

educational benefits on the basis of state residence, unless equal benefits are made available to all

U.S. citizens. This prohibition is commonly understood to apply to the granting of “in-state”

residency status for tuition purposes. Legislation to amend this federal law has routinely been

introduced in previous Congresses, and several similar bills have been introduced in the 111th

Congress, including H.R. 1751, S. 729, and H.R. 4321. Meanwhile, some states have passed laws

aimed at making unauthorized state residents eligible for in-state tuition without violating this

provision. This report provides a legal overview of cases involving immigrant access to higher

education, as well as an analysis of the legality of state laws that make in-state tuition rates

available to illegal aliens. For a policy analysis of this issue, see CRS Report RL33863,

Unauthorized Alien Students: Issues and “DREAM Act” Legislation, by Andorra Bruno.

 

Contents

Legal Overview ..........................................................................................................................1

Legal Analysis of State Laws That Make In-State Tuition Available to Illegal Immigrants ...........3

Contacts

Author Contact Information ........................................................................................................6

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This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.

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Stuart Basefsky                   
Director, IWS News Bureau                
Institute for Workplace Studies 
Cornell/ILR School                        
16 E. 34th Street, 4th Floor             
New York, NY 10016                        
                                   
Telephone: (607) 255-2703                
Fax: (607) 255-9641                       
E-mail: smb6@cornell.edu                  
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