STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Removes exclusion of “nonimmigrant aliens” from qualifying for in-State tuition rates at public institutions of higher education under certain conditions.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning tuition rates for certain students and amending P.L.2013, c.170.
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.
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. This act shall take effect immediately.
The provisions of P.L.2013, c.170 (C.18A:62-4.4) permit a student, including a student without lawful immigration status, to pay in-State tuition at New Jersey’s public institutions of higher education if the student meets certain requirements, including attending high school in the State for at least 3 years; graduating from a high school, or receiving the equivalent of a high school diploma, in the State; and, if the student lacks lawful immigration status, filing an affidavit stating that he has filed an application to legalize his immigration status or will file an application as soon as he is eligible to do so. The law’s provisions do not apply to a student who meets the definition of a “nonimmigrant alien” within the meaning of section 101(a)(15) of the federal “Immigration and Nationality Act.” In general terms, a “nonimmigrant alien” is a person who has a permanent residence abroad and is admitted to the United States on a temporary basis for a specific purpose, such as education, business, employment, or pleasure. The classifications of nonimmigrant aliens include students who maintain a residence in a foreign country and seek to enter the United States temporarily for the purpose of pursuing a course of study at an established college, university, or other academic institution.
This bill would amend current law to remove the restriction that excludes nonimmigrant aliens from the provisions of P.L.2013, c.170. Under the bill, any student who meets the requirements outlined in P.L.2013, c.170 (C.18A:62-4.4), including a student who is a nonimmigrant alien, would be eligible for in-State tuition.