* Federal Law Regarding in-state tuition

A December 8, 2006 Library of Congress Congressional Research Service summary regarding federal law concerning in-state tuition reads as follows:

Currently, federal law prohibits states from granting unauthorized aliens certain postsecondary educational benefits on the basis of state residence, unless equal benefits are made available to all U.S. citizens.  This prohibition is commonly understood to apply to the granting of “in-state” residency status for tuition purposes.    Specifically, Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) mandates that unauthorized aliens “shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.   

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