HB 422 — Undocumented students; allow to attend college at in-state tuition rates subject to certain conditions.

Bill Text

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The bill expands eligibility for in-state tuition to include certain undocumented students and those on temporary visas, while establishing specific criteria they must meet.

• Section 37-103-25

  Any student without documented immigration status or who holds a student or other temporary visa may establish eligibility to pay tuition equal to the amount established under subsection (1) of this section by a showing of clear and convincing evidence that he or she: (a) Has resided in the state for a continuous period of not less than five (5) years; (b) Has received a high school diploma from a public or private school in the state or has received a General Educational Development (GED) certificate in Mississippi; (c) Is enrolled as a student in a state institution of higher learning or a community or junior college; (d) Has submitted evidence that he or she, or in the case of being a dependent student that at least one (1) parent, guardian or person standing in loco parentis, has filed, unless exempted by state law, Mississippi state income taxes for one or more years before the date of enrollment; and (e) (i) Has filed an affidavit with the state institution of higher learning or a community or junior college in which he or she is enrolled affirming that he or she is not currently in removal proceedings; and (ii) Has affirmed to the state institution of higher learning or a community or junior college that he or she will file a petition to become a permanent resident of the United States with the United States Citizenship and Immigration Services within ninety (90) days of the date in which he or she becomes eligible to seek permanent residency.

  This allows undocumented students and those on temporary visas to qualify for in-state tuition under certain conditions.

• Section 37-103-7

  A student granted an exception under and meeting the requirements of Section 37-103-25 shall not be required to pay out-of-state tuition. → A student granted an exception under and meeting the requirements of Section 37-103-25 shall not be required to pay out-of-state tuition. This includes those without documented immigration status or holding temporary visas who meet stipulated criteria.

  This clarifies that students meeting the new criteria for in-state tuition will not have to pay out-of-state rates.

• Section 37-103-23

  Except as otherwise provided in Section 37-103-25(3), all aliens are classified as nonresidents for purposes of determining tuition rates for attending the several state-supported institutions of higher learning and community and junior colleges of the State of Mississippi. → Except as otherwise provided in Section 37-103-25, all aliens are classified as nonresidents for purposes of determining tuition rates for attending the several state-supported institutions of higher learning and community and junior colleges of the State of Mississippi.

  This allows for a new pathway for certain nonresident aliens to qualify for in-state tuition based on the criteria established in Section 37-103-25.

Action History

1. February 05, 2019

   Died In Committee

2. January 14, 2019

   Referred To Universities and Colleges;Appropriations

Sponsors

• Sykes · Primary

Subjects