Which States Offer In-State Tuition and Aid to Undocumented Students

How tuition equity policies work

Public colleges charge two tuition rates: in-state and out-of-state. States decide on their own whether undocumented students who grew up there qualify for the in-state rate, and a smaller group of states goes further, letting undocumented students apply for state-funded grants and scholarships too.

These laws carry different names by state. California's is the California Dream Act. Illinois passed the RISE Act. New York created the NYS DREAM Act. Each law sets its own residency rule, usually a required number of years attending and graduating from a high school in the state, plus a signed statement that the student intends to apply for legal status when eligible.

States with the most complete access

California, Illinois, New York, and Washington offer both in-state tuition and state financial aid to eligible undocumented students, including students without DACA status, based on tracking from the Higher Ed Immigration Portal . In these states, an eligible undocumented student completes a state aid application, separate from the FAFSA, and receives grants that work the way state need-based aid works for citizens.

States that ended access recently

Texas repealed its 24-year-old tuition equity law in 2025 after a Department of Justice lawsuit, and Kentucky agreed to end its policy under similar pressure, according to American Immigration Council reporting. Florida and Oklahoma also ended their tuition equity laws. A policy you researched a year ago needs a second check before you apply, since the rules keep changing state by state.

Court challenges continue in 2026

The Department of Justice expanded its legal campaign against state tuition equity laws to roughly a dozen states, with cases pending against states including Illinois, Minnesota, Virginia, California, New Jersey, and Kansas, according to CNBC . A pending lawsuit does not change a law by itself. Your state's policy stays in effect unless a court rules against it or the legislature repeals it, so apply under current rules and watch for updates as your school year continues.

Other categories worth knowing

Beyond the states above, tuition equity policy falls into more categories. Some states offer in-state tuition to DACA recipients only, leaving out undocumented students without DACA status. Some states leave the decision to individual public universities rather than setting one statewide rule, so your specific school matters more than your state's general reputation. A separate group of states passed laws that block undocumented students from the in-state rate, or from enrolling at all in some public colleges.

What eligibility usually requires

Most tuition equity laws share a similar structure. You typically need a set number of years attending high school in the state, commonly three, graduation from that high school or an equivalent credential such as a GED, and enrollment at a public college within a set window after graduation. Many states also require a signed affidavit stating you will apply for lawful immigration status once you become eligible to do so. Requirements differ enough between states that you should confirm the exact rule with your target school's registrar rather than assume one state's rule applies elsewhere.

How to check before you apply

• Search your state name plus "tuition equity" on the Higher Ed Immigration Portal tracker , updated by the Presidents' Alliance as laws change.

• Call the admissions or registrar's office directly and ask how they classify undocumented applicants for tuition purposes.

• Ask whether the state runs a separate application for state financial aid. It is rarely the FAFSA.

• Apply to schools in more than one state if your home state's policy sits under legal challenge, so you keep options open.