Tuition, in-state; denied to illegal aliens. (SB1037)

Introduced By

Sen. Emmett Hanger (R-Mount Solon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


In-state tuition; illegal aliens. Establishes that an alien who is unlawfully present in the United States shall not be eligible for in-state tuition unless he meets all of the following criteria: (i) he has resided with his parent, guardian, or other person standing in loco parentis while attending a public or private high school in this state; (ii) he has graduated from a public or private high school in Virginia or has received a General Education Development (GED) certificate in Virginia; (iii) he has resided in the Commonwealth for at least three years as of the date he graduated from high school, or one year of residency if a veteran or an active duty member of the U.S. Armed Forces; (iv) he has registered as an entering student in an institution of higher education; (v) he has provided evidence to the institution establishing that he is not currently in removal proceedings and is a direct or derivative beneficiary of a petition to become a permanent resident of the United States that has been filed with the United States Citizenship and Immigration Services, and that he is actively pursuing such permanent residency; and (vi) he has submitted evidence that he, or in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis, has filed, unless exempted by state law, Virginia income tax returns for at least three years prior to the date of enrollment. Read the Bill »


Bill Has Failed


01/13/2009Prefiled and ordered printed; offered 01/14/09 094519232
01/13/2009Referred to Committee on Education and Health
01/15/2009Assigned Education sub: Higher Education
01/22/2009Reported from Education and Health with amendment (13-Y 2-N) (see vote tally)
01/23/2009Constitutional reading dispensed (39-Y 0-N) (see vote tally)
01/26/2009Read second time
01/26/2009Reading of amendment waived
01/26/2009Committee amendment agreed to
01/26/2009Engrossed by Senate as amended SB1037E
01/26/2009Printed as engrossed 094519232-E
01/27/2009Read third time and passed Senate (32-Y 7-N) (see vote tally)
01/27/2009Reconsideration of passage agreed to by Senate (40-Y 0-N) (see vote tally)
01/27/2009Passed Senate (31-Y 9-N) (see vote tally)
02/05/2009Placed on Calendar
02/05/2009Read first time
02/05/2009Referred to Committee on Education
02/17/2009Assigned Education sub: Higher Education and Arts
02/28/2009Left in Education


CG2 Consulting, tracking this bill in Photosynthesis, notes:

This is a VACOLAO legislative priority. This bill opens a small window of opportunity for Virginia students who are undocumented to qualify for in-state tuition. The committee amendment recommended by the subcommittee at its meeting today would substitute for paragraph 5 beginning on line 25 of the bill language from a 2007 version of the legislation which is not as limiting.

Virginia Interfaith Center for Public Policy, tracking this bill in Photosynthesis, notes:

The Virginia Interfaith Center supports this bill.

Nonprofit NoVA, tracking this bill in Photosynthesis, notes:

Support efforts to identify a pathway / access to higher education for Virginia's high school graduates.