Undocumented students are individuals who were born outside of the U.S. and live in the country without a lawful immigration status. These three categories of individuals:
- People who entered the country without inspection or using fraudulent documents.
- Individuals who entered the U.S. with a legal nonimmigrant status (e.g., a visa) and violated the terms of their stay.
- Children who were brought to the country and gained DACA status.
According to the Immigration Initiative at Harvard, there are approximately 1,120,000 undocumented students under 18 years old in the country. These students are facing a wealth of socio-economic challenges. And the ability to gain a college degree remains one of the most prominent ones.
Undocumented students support remains a massive problem in higher education policy. In 2017, NASPA saw a positive trend in the provision of in-state tuition for foreign-born students. Yet, the situation is becoming more contentious in 2026 due to lawsuits, policy repeals in downstates, and new restrictive initiatives.
What Does In-State Tuition Mean for Undocumented Students?
The two types of tuition are:
- In-state tuition: A discounted rate for college attendance reserved for state residents. Students who attend colleges in their home state qualify for paying lower fees because their families pay taxes that help fund local institutions. Eligibility for in-state tuition varies from one state to another and usually depends on the duration of residency, completion of an in-state high school, etc.
- Out-of-state tuition: A full cost of college attendance charged to students from other states or countries. It can be 2-3 times higher than in-state fees.
Undocumented students typically don’t have access to in-state fees by default. This is because of residency requirements, which are linked to a student's legal status. For students without a lawful immigration status, this can create additional financial pressure and create barriers to higher education.
In-State Tuition for Undocumented Students: A 2017 State-Level Analysis
For decades, different state legislatures, immigrant advocacy organizations, and public university systems have been advocating for granting in-state tuition to undocumented individuals in order to increase college enrollment for marginalized students. According to a 2010 study, foreign-born students are more likely to enroll in higher education institutions if they implement in-state tuition policies.
The initiatives aimed at equalizing college access showed tangible results in 2017. NASPA tracked the state of undocumented students in state tuition during the 2017-2018 legislative session and found the following:
- 21 states implemented inclusive tuition policies at the state or institutional level.
- 21 bills have been created in 12 states to grant in-state tuition for undocumented students, though some of them failed.
- Many states have shown the overall tendency to expand access to college education.
- Connecticut and Texas both attempted to revoke inclusive policies, but neither bill has gained any traction.
- The main uncertainties were tied to DACA and the DREAM Act. Multiple judicial proceedings denied in-state tuition to DACA (Deferred Action for Childhood Arrivals) recipients because this program only provides temporary protection from deportation, not a legal presence. Similarly, students under the Development, Relief, and Education for Alien Minors (DREAM) Act were also often denied in-state tuition.
In-State College Tuition for Undocumented Students: A 2026 State-Level Analysis
Although we observed the trend toward expanding access to higher education for undocumented students in 2017, in 2026, the situation is more controversial. Restrictive governmental initiatives, policy repeals in downstates, and lawsuits restrict access to in-state fees for many students without a lawful status.
Here are the key findings concerning the current situation with in-state tuition for undocumented students reported by the Higher Ed Immigration Portal:
- 21 states and the District of Columbia provide in-state tuition to undocumented students in 2026.
- 18 out of 21 states and D.C. also grant access to state financial aid.
- Florida, Texas, Oklahoma, and Kentucky recently banned in-state tuition for undocumented students.
- Three states provide access to in-state or reduced tuition only at certain colleges. Five more states only grant access to DACA recipients.
- 12 states actively block or restrict enrollment for undocumented students.
2017 vs 2026: What Changed?
In 2017, many states focused on expanding college access to marginalized students. In 2026, the topic of in-state tuition for undocumented students becomes more debatable as the overall governmental focus shifts toward immigration enforcement.
Let’s look at a big-picture comparison:
As you can see, the number of states giving access to in-state tuition and financial aid has increased since 2017. Yet, the general narrative is moving away from equity toward immigration enforcement.
Why Does This Matter for Colleges and Students?
The number of undocumented students graduating from American high schools is slightly over one million. This is a large share of all young people in the US who could make a big contribution to the country in the future. Yet, due to persisting socio-economic challenges, roughly half of these students never enroll in college. And that’s where tuition policies matter the most.
A shifting tendency in terms of in-state tuition for undocumented students can have several negative effects:
- Affordability: Out-of-state tuition is times higher than in-state fees, which makes college unaffordable for marginalized students.
- Enrollment drop: Even more foreign-born students will choose to stop their education after high school due to the high cost.
- Degree completion: More undocumented students may eventually drop out of college because of the high price, never completing their education.
- Workforce: Undocumented students with college degrees can benefit their states economically. However, without tuition equity laws, they may either leave their states or start working without pursuing education, which can significantly reduce the amount of the qualified workforce.
Conclusion
Undocumented students may not have a lawful status. Yet, they are an important part of the American educational system and society. Given their large number, they can help grow the U.S. workforce and fill skill shortages across many important fields. However, in order to do so, they need access to higher education.
Today, the topic of in-state tuition for undocumented students is rather polarized. Although the number of states offering it grows, the general political and public narrative shifts toward immigration enforcement. Nevertheless, it’s important to see the potential benefits that undocumented students can bring to their states after completing their education, and build an equal system that supports their success.