The New Jersey State Senate is once again beginning consideration of an in-state tuition bill that will allow students in the country illegally to attend the state's public colleges and universities at the discounted resident tuition rate.
The bill is supported by current New Jersey governor Jon Corzine, but not by governor-elect Chris Christie. Advocates for the bill hope to move it through the state legislature before Christie is sworn in.
Under the bill, illegal aliens would qualify for the lower tuition rates if they attended and graduated from a New Jersey high school or hold the equivalent of a high school diploma. Applicants must have attended the high school for three years. Students must also sign an affidavit with the university stating that they have applied for legal status.
Map of States with In-State Tuition Laws, Map from NumbersUSA.
The Immigration Nationality Act of 1996 prohibits access to in-state tuition benefits by undocumented students (section 8 USC 1623) It reads "...an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit..."
Several states have taken it upon themselves to override this provision by offering in-state tuition to illegal aliens. Conversely, three states have passed laws preventing these benefits.
