Education Benefits for Undocumented Immigrants
Overview of Relevant Court Decisions
Federal law currently discourages States and localities from granting unauthorized aliens certain higher education benefits. Specifically, Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) mandates that unauthorized aliens “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.” Although there is neither report language nor agency regulations available to provide…
