Should Illegal Immigrants Get In-State Tuition?

Politicians in different states see in-state tuition benefits for “undocumented” students very differently. Some see them as rewarding illegal immigration, while others see them as investing in the community. States such as California, Colorado, and New York offer not only in-state tuition but state-provided financial aid and scholarships to undocumented students, while other states, including North Carolina, Georgia, and Ohio, do not. In recent years, education policy has been a proxy for bigger conversations about immigration and who deserves public benefits. This conversation has led to spirited debate, lawsuits, and legislative rollbacks. If everyone gets the benefits of American citizenship, one side correctly asks, then what’s the point?

Public universities are funded by state taxpayers, many of whom expect the benefits of those funds to go to themselves and their children. The typical argument from the Right goes like this: Allowing illegal immigrants to receive in-state tuition and other government assistance with no repercussions will only incentivize more people to bypass our citizenship process, thus hurting the country as a whole. Declining to do so isn’t about denying others opportunity out of cruelty but maintaining fairness and the integrity of citizenship itself. Public universities are funded by state taxpayers, many of whom expect the benefits of those funds to go to themselves and their children. Many citizens are struggling with rising tuition and the ability to afford higher education, and every dollar in financial aid and assistance that goes to illegal immigrants could go towards low-income American citizens instead—a category that includes legal first-generation students and veterans.

Every dollar in financial aid and assistance that goes to illegal immigrants could go towards low-income American citizens instead. State funds could also go towards immigrants who followed the legal-citizenship process. Special scholarships could be made for new citizens, incentivizing the entering of this country legally. Many U.S. citizens who attend out-of-state universities pay an exorbitant amount of money simply because they cross state lines to do so. Yet, in some states, those who aren’t citizens at all (and who crossed not just state lines but international borders) can qualify for in-state tuition or even state-funded financial aid. This isn’t right. We should be treating U.S. citizenship as a privilege, not a disadvantage.

Supporters of in-state tuition and scholarships for illegal-immigrant students will say that many of these individuals were brought into the country as children, have lived their entire lives in America, and consider this country their only home. If we deny them access to affordable education, we only limit their potential, which will hurt our country instead of uplifting it. After all, college graduates earn more on average, pay more in taxes, rely less on government assistance, and contribute more to the economy.

This argument falls flat if you contend, as I do, that citizenship is supposed to mean something. Though there is arguably an economic rationale behind the Left’s generosity, what will stop even more millions from flooding our borders wanting the same perks if they can get them without going through our citizenship process?

Many states are going back and forth on this issue, among them Kentucky and Virginia. In 2025, Kentucky ended its policy allowing illegal immigrants to receive in-state tuition, even though some state leaders and groups resisted. Earlier this year, Virginia came to the same conclusion. The Trump Administration has filed multiple federal lawsuits challenging in-state tuition benefits for illegal immigrants, putting pressure on lawmakers in certain states to repeal them. On the other hand, Illinois recently went in the other direction, when Governor J.B. Pritzker signed a bill opening state financial aid to all students, including illegal immigrants. Tuition policy has become tangled up with political shifts, meaning that every election cycle has the power to change this aspect of higher-education practice.

As states and policymakers go back and forth, the conversation becomes more heated. (A regularly updated list of states’ policies is available here.) Incentivizing illegal immigration into America only hurts the people legally residing here. The consistent application of our laws protects everyone. If we make clear boundaries, no one is left uncertain regarding the consequences of illegal immigration, and every citizen is treated justly. The only fair solution is to have a hard-and-fast rule: If you are an American citizen, you get the benefits of being one no matter what you look like, where you’re from, or what you believe in. If you’re not, you don’t—simple.

Reagan Allen is the North Carolina reporter for the James G. Martin Center for Academic Renewal.