Higher educational institutions; prohibits certain persons from eligibility for in-state tuition. (SB652)

Introduced By

Sen. Emmett Hanger (R-Mount Solon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


In-state tuition; prohibiting certain individuals from eligibility. Provides that (ii) an individual who is not either (a) a citizen or national of the United States, (b) a lawful permanent resident of the United States, or (c) an alien who submits documentary evidence of (1) a valid, unexpired nonimmigrant visa status, (2) a pending or approved application for asylum in the United States, (3) refugee status, (4) temporary protected status, (5) a pending application for adjustment of status to lawful permanent resident, or (6) otherwise lawfully present in the United States as defined in federal law or regulations, shall not be eligible for in-state tuition rates at any public institution of higher education in the Commonwealth. Establishes additional standards that must be met by a student who is actively pursuing legal permanent residency. Read the Bill »


Bill Has Failed


01/09/2008Prefiled and ordered printed; offered 01/09/08 089840232
01/09/2008Referred to Committee on Education and Health
01/23/2008Assigned Education sub: Higher Education
01/23/2008Impact statement from DPB (SB652)
01/31/2008Reported from Education and Health with substitute (13-Y 2-N) (see vote tally)
02/01/2008Committee substitute printed 084097232-S1
02/01/2008Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/04/2008Read second time
02/04/2008Passed by for the day
02/05/2008Read second time
02/05/2008Reading of substitute waived
02/05/2008Passed by for the day
02/06/2008Read second time
02/06/2008Passed by for the day
02/07/2008Read second time
02/07/2008Passed by for the day
02/08/2008Read second time
02/08/2008Committee substitute rejected 084097232-S1
02/08/2008Floor substitute printed 084100232-S2 (Hanger)
02/08/2008Reading of substitute waived
02/08/2008Substitute by Senator Hanger agreed to 084100232-S2
02/08/2008Engrossed by Senate - floor substitute SB652S2
02/08/2008Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/08/2008Passed Senate (30-Y 10-N) (see vote tally)
02/08/2008Communicated to House
02/13/2008Placed on Calendar
02/13/2008Read first time
02/13/2008Referred to Committee on Education
02/27/2008Reported from Education with substitute (18-Y 3-N) (see vote tally)
02/27/2008Committee substitute printed 083378592-H1
02/28/2008Read second time
02/29/2008Passed by for the day
03/03/2008Passed by for the day
03/04/2008Read third time
03/04/2008Committee substitute agreed to 083378592-H1 (82-Y 17-N)
03/04/2008VOTE: --- ADOPTION (82-Y 17-N)
03/04/2008Engrossed by House - committee substitute SB652H1
03/04/2008Passed House with substitute (85-Y 14-N)
03/04/2008VOTE: --- PASSAGE (85-Y 14-N)
03/05/2008House substitute rejected by Senate (7-Y 33-N) (see vote tally)
03/06/2008House insisted on substitute
03/06/2008House requested conference committee
03/06/2008Senate acceded to request (39-Y 0-N)
03/06/2008Conferees appointed by Senate
03/06/2008Senators: Hanger, Edwards, Locke
03/06/2008Conferees appointed by House
03/06/2008Delegates: Peace, Landes, Tyler
03/13/2008No further action taken
03/13/2008Failed to pass in Senate


CG2 Consulting, tracking this bill in Photosynthesis, notes:

This bill codifies an Attorney General's opinion that individuals who are not in the United States legally cannot establish domicile in Virginia and, therefore, cannot qualify for in-state tuition.

It also carves out a very narrow exception to the general rule for students who have lived in Virginia for three years, have graduated from Virginia schools, have paid income taxes in Virginia and have a pending application to adjust status. A student who meets all of these requirements could qualify for in-state tuition but only if there is a change in federal law that would remove the legal argument that creating such and exception would expose Virginia to the possiblity that it would have to also grant in-state tuition to any citizen applying from any state.

Andy writes:

I have been entirely LEGALLY resident for 12 year in Virgina and paid all taxs. Yet my son is now been re-classified as out of state due to erroneos state guidelines on federal immigration status. I would hope that this legislation clarifies the position for LEGAL residents. Perhap too late for him.

VirginiaImmigrantAdvocacy, tracking this bill in Photosynthesis, notes:

This bill opens a window of opportunity for certain taxpaying undocumented students to qualify for in-state tuition if they have a pending application to adjust their immigration status.

Julie writes:

If illegals can't afford out-of-state tuition, I suggest they check tuition rates in their native countries. The Commonwealth of Virginia (with my tax dollars) has already paid for their high school diplomas. Enough is enough.