Does 8 U.S.C. § 1623 prevent states from granting instate tuition to undocumented students?
Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Title 8, Chapter 14, Sec. 1623(a)) states: “an alien who is not lawfully present in the United States 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.” Some interpret this law to mean that instate-tuition for undocumented students is unconstitutional—the Courts have thus far skirted around the issue. Does instate-tuition for undocumented students violate the equal protection clause of the Fourteenth Amendment?
