In-State Tuition for Undocumented Students: State-by-State Tracker

Last updated: October 21, 2026
By ITINWorks Team

How many states offer in-state tuition to undocumented students in 2026?

At least 17 states and the District of Columbia offer in-state tuition to undocumented students as of October 21, 2026. That is down from at least 24 states at the start of 2025, because Texas, Florida, Oklahoma, Kentucky, Nebraska, Illinois, and Kansas ended their policies between June 2025 and September 2026 through a repeal, consent judgments, or court rulings.

We say "at least" because the rules come from statutes, board regulations, and in one case a single university's policy. Arkansas is not counted: its 2019 law extends resident rates to DACA recipients, work-permit holders, and citizens of the Marshall Islands, not to undocumented students generally. The University of Delaware's campus policy appears in the table with an amber Confirm pill because we could not verify its terms. The Justice Department says it has now sued every state with a law or regulation granting this benefit.

Which states offer in-state tuition to undocumented students?

Arizona, California, Colorado, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington, and D.C. offer in-state tuition to undocumented students as of October 2026. Most require 2–3 years at an in-state high school plus graduation, and every one except Virginia faces a pending federal lawsuit or appeal.

The table below covers every state with a current or recently ended policy. Each row links to a primary source (usually the Justice Department's complaint announcement, a state agency, or the statute) or, where no primary record was available, a litigation tracker. Scroll sideways on a phone to see every column.

• In effect no pending suit at the trial court
• In effect, DOJ suit pending policy applies while the case runs
• Ended repealed or blocked by a court
• Confirm could not verify; ask the school

Which states ended in-state tuition for undocumented students?

Seven states ended in-state tuition for undocumented students between June 2025 and September 2026: Texas, Florida, Oklahoma, Kentucky, Nebraska, Illinois, and Kansas. Florida's legislature repealed its waiver, while the other six ended through federal consent judgments or a court ruling in Justice Department lawsuits, often with the state attorney general agreeing with the federal government.

• Texas: a federal court in the Northern District of Texas entered a consent judgment on June 4, 2025, hours after the Justice Department filed suit. The Fifth Circuit refused, 2–1, to let students and colleges intervene in July 2026 and denied rehearing on September 8, 2026.
• Florida: SB 2-C, passed in a February 2025 special session, repealed the 2014 out-of-state fee waiver for undocumented students, effective July 1, 2025.
• Oklahoma: a final consent judgment on August 29, 2025 held the state's law invalid as applied to students who are not lawfully present. An appeal by intervenors is pending at the Tenth Circuit.
• Kentucky: a federal judge signed a consent decree on March 31, 2026 ending the Council on Postsecondary Education regulation in place since 2002. An appeal is pending at the Sixth Circuit.
• Nebraska: a consent judgment entered June 3, 2026 ended both in-state rates and state scholarship eligibility for undocumented students.
• Illinois: a July 24, 2026 ruling in the Southern District of Illinois held the state's in-state tuition provisions and RISE Act aid invalid. The Illinois Student Assistance Commission says undocumented students are not eligible for MAP grants in 2026–27; HB 5093, signed June 26, 2026, sets a new framework starting in 2027–28. Whether the state will appeal was unclear as of October 2026.
• Kansas: the state agreed to a proposed consent decree the day it was sued, June 24, 2026. The court entered it on September 9, 2026 and denied the governor's bid to intervene; a student group appealed on September 18.

Which states face Justice Department lawsuits over in-state tuition?

As of October 2026, the Justice Department has filed 26 lawsuits over in-state tuition for undocumented students, against 24 states, D.C., and the University of Delaware. Cases are still pending against 15 states in our table plus D.C. and Arkansas, including California and New York, while Minnesota's dismissal is on appeal and a federal judge upheld Virginia's law on October 5, 2026.

Filing dates, from the Justice Department's announcements and court records:

• 2025: Texas (June 4), Kentucky and Minnesota (June), Oklahoma (August 5), Illinois (September), California (November 20), Virginia (December).
• April–July 2026: Nebraska (April 21), New Jersey (April 30), Kansas (June 24), Massachusetts and Rhode Island (June 29), Maryland (July 16), Colorado (July 23).
• August–October 2026: New York, Connecticut, and Vermont (August 10); Arizona, New Mexico, Oregon, and Washington (August 27); Hawaii, D.C., Arkansas, and Utah (September 10); the University of Delaware (October 1).

A pending lawsuit does not change your tuition by itself: the policy stays in effect until a court blocks it or the state drops it. For case-by-case docket updates, the Presidents' Alliance maintains a litigation tracker.

Why is the federal government suing states over in-state tuition?

The Justice Department argues that 8 U.S.C. §1623, a 1996 federal law, bars states from giving students who lack lawful status a residence-based college benefit unless every U.S. citizen can get it regardless of residence. Executive Order 14287, signed April 28, 2025, directed the Attorney General to act against state laws that conflict with that statute.

Section 5 of Executive Order 14287 names in-state tuition laws that may violate 8 U.S.C. §1623. States respond that their laws turn on high school attendance and graduation, not residence, so citizens who attended an in-state high school qualify on the same terms. The California Supreme Court unanimously accepted that argument for AB 540 in Martinez v. Regents of the University of California (2010), and the U.S. Supreme Court declined to review it in 2011.

Courts are now split. Judges in Minnesota (March 27, 2026) and Virginia (October 5, 2026) ruled for the states, while the Illinois court ruled for the federal government on July 24, 2026. Most of the other endings came through consent judgments, in which the state's own attorney general agreed with the Justice Department instead of defending the law.

Who qualifies for in-state tuition as an undocumented student?

In most of the 17 states and D.C., undocumented students qualify for in-state tuition by attending an in-state high school for 2 to 3 years and graduating or earning a GED there. Many states also require a signed affidavit promising to seek lawful status when eligible, and Vermont's 2024 law is broader, covering residents regardless of immigration status.

• High school attendance: 1 year in New Mexico; 2 years in Arizona, Connecticut, New York, and Virginia; 3 years in most others, including California, Colorado, Maryland, Massachusetts, Minnesota, New Jersey, Oregon, Rhode Island, and Utah.
• Graduation: a diploma from an in-state high school, or a GED or other equivalency earned in the state.
• Affidavit: a form, such as California's AB 540 affidavit, stating you will apply for lawful status when you become eligible.
• Extra rules: Virginia requires 2+ years of Virginia tax filing by the student or a parent; New York requires applying within 5 years of graduating; Maryland has a tax-filing requirement.

Rules apply college by college, so ask the admissions or residency office which form to file. In-state tuition is separate from state aid; see financial aid for undocumented students for grants.

What has changed in in-state tuition policy since 2025?

Since February 2025, seven states have ended in-state tuition for undocumented students, the Justice Department has filed 26 lawsuits, and courts have split: Illinois lost in July 2026, while Minnesota and Virginia won in March and October 2026. The dated changelog below lists each repeal, ruling, and filing through October 21, 2026.

1. February 2025: Florida passes SB 2-C, repealing its waiver effective July 1, 2025.
2. April 28, 2025: Executive Order 14287 directs the Attorney General to challenge state in-state tuition laws.
3. June 4, 2025: Texas consent judgment ends in-state tuition for undocumented students.
4. June 2025: Justice Department sues Kentucky and Minnesota.
5. August 2025: Oklahoma sued (August 5); final consent judgment entered August 29.
6. September–December 2025: Illinois, California (November 20), and Virginia sued.
7. March 27, 2026: Minnesota suit dismissed; the Justice Department appeals on May 1.
8. March 31, 2026: Kentucky consent decree ends its regulation.
9. April 2026: Nebraska (April 21) and New Jersey (April 30) sued.
10. June 3, 2026: Nebraska consent judgment.
11. June 2026: Kansas sued with a proposed consent decree (June 24); Illinois HB 5093 signed (June 26); Massachusetts and Rhode Island sued (June 29).
12. July 2026: Maryland (July 16) and Colorado (July 23) sued; Fifth Circuit refuses to reopen the Texas case; Illinois ruling (July 24).
13. August 2026: New York, Connecticut, and Vermont sued (August 10); Arizona, New Mexico, Oregon, and Washington sued (August 27).
14. September 2026: Fifth Circuit denies rehearing in the Texas case (September 8); Kansas consent judgment (September 9); Hawaii, D.C., Arkansas, and Utah sued (September 10).
15. October 2026: University of Delaware sued (October 1); Virginia's law upheld (October 5).

What can you do if your state ended in-state tuition?

If your state ended in-state tuition, you can usually still enroll but will be charged out-of-state rates, so focus on aid that ignores residency: institutional grants, private scholarships, and lower-cost community colleges. TheDream.US Opportunity Scholarship pays up to $100,000 at partner colleges, but only for students from its listed states.

• Ask your college first. The registrar or residency office can tell you which rate applies to continuing students and whether any transition rules apply to you.
• Compare private colleges. Private colleges charge one rate regardless of residency and often award institutional aid without regard to immigration status.
• Apply for scholarships. Our list of scholarships for undocumented students covers national awards with no SSN requirement. The Opportunity Scholarship lists 14 eligible states for 2027–28, and Texas, Florida, and the other states that ended in-state tuition since 2025 are not among them, so check the current list before applying.
• Borrow last. If grants fall short, compare student loans for immigrants; private loans must be repaid with interest.

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