Bill Text: NJ S2357 | 2016-2017 | Regular Session | Introduced
Bill Title: Allows nonimmigrant alien students who have applied for a green card to qualify for in-State tuition at public institutions of higher education.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2016-06-09 - Introduced in the Senate, Referred to Senate Higher Education Committee [S2357 Detail]
Download: New_Jersey-2016-S2357-Introduced.html
Sponsored by:
Senator SANDRA B. CUNNINGHAM
District 31 (Hudson)
SYNOPSIS
Allows nonimmigrant alien students who have applied for a green card to qualify for in-State tuition at public institutions of higher education.
CURRENT VERSION OF TEXT
As introduced.
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)) who has not applied for permanent resident status, 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.
STATEMENT
Pursuant to P.L.2013, c.170 (C.18A:62-4.4) a student, including a student without lawful immigration status, may pay in-State tuition at the State's public institutions of higher education if the student meets the following requirements:
(1) attended high school in this State for three or more years;
(2) graduated from a high school in this State or attained the equivalent of a high school diploma in the 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 the student's immigration status or will file an application as soon as the student is eligible to do so.
A nonimmigrant alien is specifically excluded from the provisions of P.L.2013, c.170 (C.18A:62-4.4). Under the provisions of this bill, however, if a nonimmigrant alien has applied for permanent resident status, informally referred to as a "green card," he too would be eligible to pay in-State tuition at public institutions of higher education in the State, if he meets the additional requirements set forth in P.L.2013, c.170 (C.18A:62-4.4).
