In-state tuition; undocumented persons eligibility. (HB779)

Introduced By

Del. Alfonso Lopez (D-Arlington)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


In-state tuition; undocumented persons.  Establishes that an undocumented person 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 since the date he graduated from high school, or for one year if a veteran or an active duty member of the United States armed forces; (iv) he has registered as an entering student in an institution of higher education; (v) he has provided an affidavit to the institution stating that he has filed an application to become a permanent resident of the United States and is actively pursuing such permanent residency or will do so as soon as he is eligible; 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


01/11/2012Prefiled and ordered printed; offered 01/11/12 12101802D
01/11/2012Referred to Committee for Courts of Justice
01/16/2012Assigned Courts sub: #3 Immigration
02/14/2012Impact statement from DPB (HB779)
02/14/2012Left in Courts of Justice


VACOLAO, tracking this bill in Photosynthesis, notes:

VACOLAO strongly supports this legislation that would allow undocumented students to be eligible for in-state tuition ONLY if they have graduated from Virginia schools, have been in Virginia more than three years, have paid taxes in Virginia for more than three years, and have applied for adjustment of status or will do so as soon as they become eligible.

Allesia Hamilton writes:

This bill is very wrong on so many fronts. Why should we taxpayers have to further fund people who shouldn't be in this country anyway when we have already been forced to provide them with K-12th grade free education. And as far as them paying taxes, this is a joke, because it doesn't say how much tax they or their parents would have to pay - many low income people file returns just to get the Earned Income Tax Credit (money) back, or file and pay very little anyway.

We need to turn off all the freebies attracting hordes to our country with all their anchor babies.

And why is it that the Latino representative only represents bills for "his people" at the expense of other Arlington Co. taxpayers?