STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman ROBERT AUTH
District 39 (Bergen)
Co-Sponsored by:
Assemblywoman Flynn and Assemblyman Scharfenberger
SYNOPSIS
Eliminates eligibility of certain students including undocumented immigrants who meet certain criteria to receive State student financial aid or to qualify for in-State tuition at public institutions of higher education.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning eligibility for certain higher education benefits, amending P.L.2019, c.411 and P.L.2021, c.341, and repealing P.L.2013, c.170 and P.L.2018, c.12.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2019, c.411 (C.18A:62-4.6) is amended to read as follows:
1. Notwithstanding [any provision of section 1 of P.L.2013, c.170 (C.18A:62-4.4) or] any other section of law to the contrary, a student who holds a T or U visa or a dependent student whose parent or guardian holds an H-1B, O-1 or O-2 visa shall be exempt from paying out-of-State tuition at a public institution of higher education provided the student [meets the conditions set forth in paragraphs (1) through (4) of subsection a. of section 1 of P.L.2013, c.170 (C.18A:62-4.4)]:
a. attended high school in this State for three or more years;
b. graduated from a high school in this State or received the equivalent of a high school diploma in this State; and
c. registers as an entering student or is currently enrolled in a public institution of higher education as of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2021, c.341, s.1)
2. Section 2 of P.L.2021, c.341 (C.18A:71B-2.6) is amended to read as follows:
2. Notwithstanding the provisions of any other section of law to the contrary, a student who is a victim of trafficking, domestic violence, or other serious crime who has been granted a status under 8 U.S.C. s.1101 (a)(15)(T) or 8 U.S.C. s.1101 (a)(15)(U) shall be eligible to participate in any student financial aid, grant, or scholarship program under chapter 71B of Title 18A of the New Jersey Statutes, provided the student meets the following conditions [set forth in paragraphs (1) through (4) of subsection a. of section 1 of P.L.2013, c.170 (C.18A:62-4.4)]:
a. attended high school in this State for three or more years;
b. graduated from a high school in this State or received the equivalent of a high school diploma in this State; and
c. registers as an entering student or is currently enrolled in a public institution of higher education as of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L. 2021, c.341, s.2)
3. The following sections are repealed:
P.L.2013, c.170 (C.18A:62-4.4); and
P.L.2018, c.12 (C.18A:71B-2.1).
4. This act shall take effect immediately.
STATEMENT
This bill eliminates the eligibility of certain students including undocumented immigrants who meet certain criteria to receive State student financial aid or to qualify for in-State tuition at public institutions of higher education.
Under current law, certain students, including undocumented immigrants, may qualify for the in-State tuition rate at public institutions of higher education provided that 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.
This bill repeals this section of law.
Current law also provides that certain students, including undocumented immigrants, may be eligible for State student financial aid programs provided that the student meets the same conditions required above to receive the in-State tuition rate. The bill repeals this section of law.
Finally, the bill makes technical amendments to certain sections of law that include references to the sections of law repealed pursuant to the bill’s provisions. The higher education benefits currently available under those sections of law to persons holding T or U visas, or to dependents of persons holding H-1B, O-1, or O-2 visas, are not impacted or otherwise altered by the bill’s provisions.