Utah Undocumented Student Tuition

Utah gives some undocumented students in-state tuition, but they must first qualify. A 2002 Utah law, House Bill 144, now Utah Code 53B-8-106, lets eligible students at Utah public colleges and universities pay resident tuition instead of nonresident rates. It does not change a student's immigration status and does not open federal financial aid.

Who Qualifies for Resident Tuition

Utah colleges describe the requirements in nearly the same words. A student without lawful immigration status may qualify if the student:

• attended a Utah high school for three or more academic years
• graduated from a Utah high school or earned the equivalent of a high school diploma (GED) in Utah
• did not register for college classes before the fall of the 2002-2003 academic year
• does not hold a current visa
• files the affidavit described below

The student also has to be admitted to the college. Each school runs its own HB 144 waiver application and asks for official Utah high school transcripts that show the years of attendance and the graduation date. Applications have deadlines tied to each semester, so check the admissions or residency page of the school you plan to attend.

The Affidavit Step

Utah law requires a student without lawful immigration status to sign an affidavit stating that the student has filed an application to legalize his or her immigration status, or will file one as soon as the student is eligible to do so. The affidavit is a condition of the tuition waiver; it is not an immigration filing and does not start any case with U.S. Citizenship and Immigration Services. The University of Utah, for example, says its admissions office keeps the affidavit confidential and does not share it with other offices or third parties.

Students with questions about their own immigration options should talk to an immigration lawyer or a DOJ-accredited representative rather than a notario.

What the Rule Doesn't Cover and Other Money Sources

Utah's 2002 law enables some students to pay in-state tuition, but it has limits:

• It does not make them legal residents in the eyes of federal law or affect immigration status in any way.
• It does not make them eligible for federal financial aid; undocumented students, with or without DACA, cannot receive it.
• It applies to public institutions of higher education, not private colleges.

Some state programs require the FAFSA, which these students generally cannot file, so ask the financial aid office which aid you can apply for. A 2015 Utah law, Senate Bill 253, allows privately funded scholarships at public colleges to go to undocumented graduates of Utah high schools, and schools such as the University of Utah list scholarships open to HB 144 students. Private scholarships from community organizations, such as Edúcate Utah, are another place to look.

The law has been challenged in federal court, so the rules can change. The practical takeaway: keep your Utah high school transcripts, apply for admission early, and confirm the current HB 144 waiver process and deadline directly with the admissions office of your college.