Federal Law Says No In-State Tuition for Illegal Aliens — So Why Are 22 States Still Doing It?
Alec Charles Reynolds Executive Director National American Citizen Association
A 30-year-old federal law is crystal clear: states are not allowed to give illegal aliens discounted in-state tuition at public colleges and universities.
Yet 22 states plus Washington, D.C. continue to do exactly that — and American taxpayers are footing a bill estimated at more than $1 billion every year.
This is not a gray area. It is black-and-white federal statute being openly ignored.
The Law on the Books: 8 U.S.C. § 1623
In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). One key provision — 8 U.S.C. § 1623 — is explicit and unambiguous:
“Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.”
This section took effect for benefits provided on or after July 1, 1998. The intent was simple and fair: public higher education benefits funded by American taxpayers should go first to American citizens, legal residents, and those who follow the legal immigration process — not to individuals who entered the country illegally.
The law does not ban all benefits to illegal aliens. It specifically prohibits giving them preferential in-state tuition rates based on state residency unless the same rates are also offered to U.S. citizens who live outside the state. Many states have tried to circumvent this by basing eligibility on high school attendance or other criteria instead of “residence,” but the federal prohibition remains clear.
The Current Reality — Judicial Watch’s Groundbreaking Reporting
Despite this clear federal prohibition, 22 states and the District of Columbia still offer in-state tuition rates to individuals who entered the country illegally.
According to Judicial Watch’s January 21, 2026 report, “Americans Pay Over a Billion Dollars a Year to Subsidize Illegal Aliens’ College Education,” these states continue to provide the benefit, costing American taxpayers over $1 billion annually.
Judicial Watch has done extraordinary work exposing this issue for years. Their relentless research, Freedom of Information Act requests, and public reporting have been instrumental in bringing this violation of federal law to light. We commend Judicial Watch for their outstanding dedication to government transparency and accountability. Without their efforts, many Americans would still be unaware of how their tax dollars are being used to subsidize illegal immigration at the expense of American families.
Why This Matters for Our Kids’ Future
Every dollar spent subsidizing in-state tuition for illegal aliens is a dollar not available for American students, veterans, or working families trying to send their own children to college.
At the National American Citizen Association, we believe in a simple principle: America First means American citizens and legal residents come first in the use of public resources.
This is not about anger. It is about fairness, rule of law, and protecting the opportunities our children deserve in the country they were born into or lawfully entered.
NACA’s Answer: Enforce the Law and Restore Trust
We do not need new laws — we need the existing ones enforced.
Our mission is straightforward:
Educate citizens on real federal statutes and where they are being ignored.
Unite patriots who believe in America First and Constitution Only.
Empower everyday Americans to demand accountability from their state legislatures and elected officials.
Protect our kids’ future by making sure public resources serve the people who built and sustain this nation.
The More You Know
When federal law is openly ignored in favor of non-citizens, it erodes trust in the entire system. An open society only works when it is anchored in the rule of law and the consent of the governed. Prioritizing American families is not cruelty — it is the foundation of a secure tomorrow.
Call to Action
The future of our children is at stake.
If you believe federal law should be enforced and American families should come first, now is the time to act.
Join the National American Citizen Association today. Become part of the citizen-powered movement that fights to secure our kids’ tomorrow.
→ Register Now at nacagroup.org/register
America First. Constitution Only.
Secure Their Tomorrow — together.
