States Taking Charge: Examining the Role of Race, Party Affiliation, and Preemption in the Development of In-State Tuition Laws for Undocumented Immigrant Students

Immigration policy “continues to command significant attention in state legislatures” across the United States, and in-state tuition benefits for undocumented immigrant students remain near the center of this ongoing debate. Given the controversy and passion surrounding the issue, in-state tuition benefits for undocumented students can be described as the intersection of immigration policy and education policy in legislatures across the United States. This Article does not seek to advance any particular position in this policy controversy; rather, it aims to examine more deeply the development and future viability of such laws in the instance of a preemption challenge in state or federal court. The purpose of this Article, in other words, is twofold: (1) to understand the development of laws regarding tuition benefits for undocumented immigrant students throughout the country, in the context of race and party affiliation; and (2) to examine the federal preemption implications for state legislation regarding tuition benefits for undocumented immigrant students.