Found this blurb......
Several states — Texas, California, New York, Utah, Illinois, Washington, Nebraska, New Mexico, Oklahoma, and Kansas — have passed state laws providing in-state tuition benefits to illegal aliens who have attended high school in the state for three or more years. Similar legislation is pending in Colorado, Connecticut, Florida, Hawaii, Maryland (legislation passed, but awaiting governor’s signature), Massachusetts, Minnesota, New Hampshire, New Jersey, North Carolina, Oregon, South Carolina, Tennessee and Virginia. (Wisconsin also passed such a law, but the governor vetoed it.) Also, some schools in Georgia provide in-state tuition benefits to illegal aliens. The Texas law also allows illegal aliens to receive state student financial aid.
These state laws attempt to circumvent the federal law by simply not asking students whether they are in the US legally. (The California law,
AB 540, requires the student to file an affidavit that he/she has filed an application to legalize his/her immigration status or intends to file an application as soon as he/she is eligible to do so. So California doesn’t even attempt to maintain the fiction that the school is unaware of the student’s immigration status.) They also circumvent the law by basing eligibility for in-state tuition on attendance at or graduation from an in-state high school and not on state residence.
Virginia passed a law barring illegal aliens from receiving in-state tuition, but it was vetoed by the governor. The state attorney general then stated that existing state law requires state colleges and universities to charge illegal aliens higher tuition. Legislation to ban in-state tuition for illegal aliens is pending in Alabama, Alaska, Florida, Mississippi, and North Carolina. A bill to ban in-state tuition for illegal aliens was defeated in Arizona in March 2005.