A4645

An Act concerning tuition rates and student financial assistance for undocumented students, amending various parts of the statutory law, and repealing P.L.2018, c.12.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2013, c.170 (C.18A:62-4.4) is amended to read as follows:

1. a. Notwithstanding the provisions of any law or regulation to the contrary, a student, other than a nonimmigrant alien within the meaning of section 101 (a)(15) of the "Immigration and Nationality Act" (8 U.S.C. s.1101(a)(15)), shall be exempt from paying out-of-State tuition at a public institution of higher education if the student:

(1) attended high school in this State for three or more years;

(2) graduated from a high school in this State or received the equivalent of a high school diploma in this State;

(3) registers as an entering student or is currently enrolled in a public institution of higher education not earlier than the fall semester of the 2013-2014 academic year; and

(4) [in the case of a person without lawful immigration status, files an affidavit with the institution of higher education stating that the student has filed an application to legalize his immigration status or will file an application as soon as he is eligible to do so] is a citizen of the United States or an eligible noncitizen, as determined under 20 U.S.C. s.1091.

b. Student information obtained in the implementation of this section shall be confidential.

c. The Secretary of Higher Education shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this section.

(cf: P.L.2013, c.170, s.1)

2. Section 1 of P.L.2019, c.411 (C.18A:62-4.6) is amended to read as follows:

1. Notwithstanding any provision of section 1 of P.L.2013, c.170 (C.18A:62-4.4) or any other section of law to the contrary, a student who holds a T or U visa or a dependent student whose parent or guardian holds an H-1B, O-1 or O-2 visa shall be exempt from paying out-of-State tuition at a public institution of higher education provided the student meets the conditions set forth in paragraphs (1) through [(4)] (3) of subsection a. of section 1 of P.L.2013, c.170 (C.18A:62-4.4).

(cf: P.L.2021, c.341, s.1)

3. Section 2 of P.L.2021, c.341 (C.18A:71B-2.6) is amended to read as follows:

2. Notwithstanding the provisions of any other section of law to the contrary, a student who is a victim of trafficking, domestic violence, or other serious crime who has been granted a status under 8 U.S.C. s.1101 (a)(15)(T) or 8 U.S.C. s.1101 (a)(15)(U) shall be eligible to participate in any student financial aid, grant, or scholarship program under chapter 71B of Title 18A of the New Jersey Statutes, provided the student meets the conditions set forth in paragraphs (1) through [(4)] (3) of subsection a. of section 1 of P.L.2013, c.170 (C.18A:62-4.4).

(cf: P.L.2021, c.341, s.2)

4. P.L.2018, c.12 (C.18A:71B-2.1) is repealed.

5. This act shall take effect immediately.

STATEMENT

This bill eliminates the eligibility of certain students, including undocumented immigrants, who meet certain criteria to receive State student financial aid or to qualify for in-State tuition at public institutions of higher education.

Under current law, certain students, including undocumented immigrants, may qualify for the in-State tuition rate at public institutions of higher education provided that the student:

(1) attended high school in the State for three or more years;

(2) graduated from a high school in the State or received the equivalent of a high school diploma in the State;

(3) registers as an entering student or is currently enrolled in a public institution of higher education not earlier than the fall semester of the 2013-2014 academic year; and

(4) in the case of a person without lawful immigration status, files an affidavit with the institution of higher education stating that the student has filed an application to legalize the student’s immigration status or will file an application as soon as the student is eligible to do so.

The bill revises this section of law to eliminate in-State tuition eligibility for students without lawful immigration status. The bill also stipulates that to receive in-State tuition, the student is required to be a United States citizen or eligible noncitizen under federal law.

Current law also provides that certain students, including undocumented immigrants, may be eligible for State student financial aid programs provided that the student meets the same conditions required above to receive the in-State tuition rate. The bill repeals this section of law.

Finally, the bill makes technical revisions to certain sections of law that include references to the sections of law being repealed or amended pursuant to the bill’s provisions. The higher education benefits currently available under those sections of law to persons holding T or U visas, or to dependents of persons holding H-1B, O-1, or O-2 visas, are not impacted or otherwise altered by the bill’s provisions.