Tuition, in-state; undocumented persons. (HB1525)

Introduced By

Del. Tom Rust (R-Herndon) with support from co-patron Sen. Emmett Hanger (R-Mount Solon)


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 (i) entered and began residing in the United States prior to his sixteenth birthday; (ii) has graduated from a public or private high school in the Commonwealth or has received a General Education Development (GED) certificate in the Commonwealth; (iii) has registered as an entering student in a public institution of higher education in the Commonwealth; (iv) has resided in the Commonwealth for at least five years immediately preceding his registration as an entering student in an institution of higher education in the Commonwealth; (v) has provided an affidavit to the institution stating that he has filed an application to become a permanent resident of the United States, is actively pursuing such permanent residency or will do so as soon as he is eligible, and that no grounds exist for the denial of such permanent residency; and (vi) 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 one year prior to the date of enrollment. Read the Bill »


Bill Has Failed


01/03/2013Prefiled and ordered printed; offered 01/09/13 13101239D
01/03/2013Referred to Committee on Education
01/11/2013Assigned Education sub: Higher Education and Arts
01/15/2013Impact statement from DPB (HB1525)
01/29/2013Subcommittee recommends reporting with amendment(s) (6-Y 0-N)
01/31/2013Reported from Education with substitute (17-Y 4-N) (see vote tally)
01/31/2013Committee substitute printed 13104709D-H1
01/31/2013Referred to Committee on Appropriations
02/05/2013Left in Appropriations


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

Virginia ACLU supports extending eligibility to apply for in-state tuition to undocumented students 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.