Tuition, in-state; eligibility of student, approval for Deferred Action for Childhood Arrivals. (HB1490)

Introduced By

Del. Kaye Kory (D-Falls Church) with support from co-patron Sen. Janet Howell (D-Reston)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


In-state tuition; Deferred Action for Childhood Arrivals. Establishes that a student shall be eligible for in-state tuition if he meets the following criteria: (i) he has graduated from a public or private high school in the Commonwealth or has received a General Education Development (GED) certificate in the Commonwealth, (ii) he has resided in the Commonwealth for at least one year immediately preceding his registration as an entering student in a public institution of higher education in the Commonwealth, and (iii) he has provided an affidavit to the public institution of higher education for which he has registered stating that he has been approved for Deferred Action for Childhood Arrivals by the U.S. Department of Homeland Security. Read the Bill »


Bill Has Failed


01/02/2013Prefiled and ordered printed; offered 01/09/13 13103076D
01/02/2013Referred to Committee on Education
01/11/2013Assigned Education sub: Higher Education and Arts
01/15/2013Impact statement from DPB (HB1490)
01/29/2013Subcommittee recommends incorporating (HB1525-Rust)
02/05/2013Left in Education


ACLU-VA Immigrants Rights, tracking this bill in Photosynthesis, notes:

Virginia ACLU supports extending eligibility to apply for in-state tuition to students granted Deferred Action status who have graduated from Virginia schools, lived in Virginia for longer than a year and are taxpayers of children of Virginia taxpayers and is monitoring this legislation.

MK Grantham writes:

Why are these individuals not being asked to become citizens of the United States BEFORE they start receiving benefits from U.S.citizenship? Why should taxpayers foot the bill for individuals who are not citizens? Other people from around the world come to the United States to further their education, but they do so EXPECTING to pay their own way. They don't expect the U.S. to pay for their education.

Although the young people you want to financially support did not ask to come to the U.S. nor to be born here, nonetheless, they obviously have not felt strongly enough about becoming a U.S. citizen to even bother to study for and take the Citizenship Test in order to become a citizen - YET, they EXPECT to be able to be allowed to enjoy the rights and privileges of those who were either born here legally, of legalized parents, or who took the time and made the effort to become a citizen BEFORE expecting to derive benefits from such citizenship.

So, the question is: Why are you not including in your requirements for this BENEFIT to undocumented (illegal) immigrants the requirement that they study for and pass the Citizenship Test so that they can become legal citizens of the country who is willing to allow them to stay here and enjoy benefits of legal citizens who will be paying the cost for their higher education?

Bob Smith writes:

To MK Grantham :

You state that "study for and pass the Citizenship Test so that they can become legal citizens of the country who is willing to allow them to stay here"

If you don't know there is no such law that allows Immigrants to take the test.The Immigration law was closed after the 9-11 attacks.For any random Illegal immigrant in the United States there is no way for them to get papers.That is why they are advocating for Obama to pass a law to allow them to become legal.

Please do your research before you come fighting about something you dont know.

Thank you