Revises law permitting undocumented students to pay in-State tuition rate at public institution of higher education and receive certain student financial assistance.

A4645

ASSEMBLY, No. 4645

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 10, 2026

Sponsored by:

Assemblyman� GREGORY E. MYHRE

District 9 (Ocean)

Assemblyman� ERIK PETERSON

District 23 (Hunterdon, Somerset and Warren)

SYNOPSIS

���� Revises laws permitting undocumented students to pay
in-State tuition rate at public institution of higher education and receive
certain student financial assistance.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning tuition rates and student financial
assistance for undocumented students, amending various parts of the statutory
law, and repealing P.L.2018, c.12.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 1 of P.L.2013,
c.170 (C.18A:62-4.4) is amended to read as follows:

���� 1. a. Notwithstanding the
provisions of any law or regulation to the contrary, a student, other than a
nonimmigrant alien within the meaning of section 101 (a)(15) of the
"Immigration and Nationality Act" (8 U.S.C. s.1101(a)(15)), shall be
exempt from paying out-of-State tuition at a public institution of higher
education if the student:

���� (1)�� attended high school in
this State for three or more years;

���� (2)�� graduated from a high
school in this State or received the equivalent of a high school diploma in
this State;

���� (3)�� registers as an entering
student or is currently enrolled in a public institution of higher education
not earlier than the fall semester of the 2013-2014 academic year; and

���� (4)��
[
in the case of
a person without lawful immigration status, files an affidavit with the
institution of higher education stating that the student has filed an
application to legalize his immigration status or will file an application as
soon as he is eligible to do so
]

is a citizen of the United States or an eligible noncitizen, as determined
under 20 U.S.C. s.1091
.

���� b.��� Student information
obtained in the implementation of this section shall be confidential.

���� c.���� The Secretary of Higher
Education shall adopt rules and regulations pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
necessary to effectuate the provisions of this section.

(cf: P.L.2013, c.170, s.1)

���� 2.��� Section 1 of P.L.2019,
c.411 (C.18A:62-4.6) is amended to read as follows:

���� 1.��� Notwithstanding any
provision of section 1 of P.L.2013, c.170 (C.18A:62-4.4) or any other section
of law to the contrary, a student who holds a T or U visa or a dependent
student whose parent or guardian holds an H-1B, O-1 or O-2 visa shall be exempt
from paying out-of-State tuition at a public institution of higher education
provided the student meets the conditions set forth in paragraphs (1) through
[
(4)
]

(3)
of
subsection a. of section 1 of P.L.2013, c.170 (C.18A:62-4.4).

(cf: P.L.2021, c.341, s.1)

���� 3.��� Section 2 of P.L.2021,
c.341 (C.18A:71B-2.6) is amended to read as follows:

���� 2.��� Notwithstanding the
provisions of any other section of law to the contrary, a student who is a
victim of trafficking, domestic violence, or other serious crime who has been
granted a status under 8 U.S.C. s.1101 (a)(15)(T) or 8 U.S.C. s.1101 (a)(15)(U)
shall be eligible to participate in any student financial aid, grant, or
scholarship program under chapter 71B of Title 18A of the New Jersey Statutes,
provided the student meets the conditions set forth in paragraphs (1) through
[
(4)
]

(3)
of
subsection a. of section 1 of P.L.2013, c.170 (C.18A:62-4.4).

(cf: P.L.2021, c.341, s.2)

���� 4.��� P.L.2018, c.12
(C.18A:71B-2.1) is repealed.

���� 5.��� This act shall take
effect immediately.

STATEMENT

���� This
bill eliminates the eligibility of certain students, including undocumented
immigrants, who meet certain criteria to receive State student financial aid or
to qualify for in-State tuition at public institutions of higher education.

���� Under current law,
certain students, including undocumented immigrants, may qualify for the
in-State tuition rate at public institutions of higher education provided that
the student:

���� (1)�� attended high
school in the State for three or more years;

���� (2)�� graduated from a
high school in the State or received the equivalent of a high school diploma in
the State;

���� (3)�� registers as an
entering student or is currently enrolled in a public institution of higher
education not earlier than the fall semester of the 2013-2014 academic year;
and

���� (4)�� in the case of a
person without lawful immigration status, files an affidavit with the
institution of higher education stating that the student has filed an
application to legalize the student�s immigration status or will file an
application as soon as the student is eligible to do so.

���� The bill revises this
section of law to eliminate in-State tuition eligibility for students without
lawful immigration status. The bill also stipulates that to receive in-State
tuition, the student is required to be a United States citizen or eligible noncitizen
under federal law.

���� Current law also provides that
certain students, including undocumented immigrants, may be eligible for State
student financial aid programs provided that the student meets the same
conditions required above to receive the in-State tuition rate.� The bill
repeals this section of law.

���� Finally, the bill makes
technical revisions to certain sections of law that include references to the
sections of law being repealed or amended pursuant to the bill�s provisions.�
The higher education benefits currently available under those sections of law
to persons holding T or U visas, or to dependents of persons holding H-1B, O-1,
or O-2 visas, are not impacted or otherwise altered by the bill�s provisions.