N.J. Admin. Code § 9A:5-3.1
Current through Register Vol. 56, No. 23, December 2, 2024
Section 9A:5-3.1 - Eligibility requirements for undocumented immigrants to receive in-State tuition(a) Notwithstanding the provisions of any law or rule 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. § 1101(a)(15)) , shall be eligible to pay in-State tuition at a public institution of higher education if the student attended high school in this State for three or more years or graduated from a high school in this State or received the equivalent of a high school diploma in this State. The student must also register as an entering student or be currently enrolled in a public institution of higher education, not earlier than the fall semester of the 2013-2014 academic year. In the case of a person without lawful immigration status, who files an affidavit with the institution of higher education stating that the student has filed an application to legalize their immigration status or will file an application as soon as they are eligible to do so.(b) Students who are required to file an affidavit as described in (a) above shall be able to obtain the affidavit from the institution of higher education's website, catalogue, and/or student handbook.(c) Information obtained in the implementation of this section shall remain confidential.(d) Students who attend county colleges and meet the eligibility requirements for undocumented students as outlined in (a) above shall be considered in-State students whose tuition shall be calculated in accordance with N.J.A.C. 9A:5-2.1.N.J. Admin. Code § 9A:5-3.1
Adopted by 46 N.J.R. 2415(b), effective 12/15/2014Amended by 54 N.J.R. 1412(b), effective 7/18/2022