Appendix. Fifty-State Survey: DACA Recipient Status

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1 Appendix Fifty-State Survey: DACA Recipient Wendi Adelson The following is a fifty-state survey outlining each state s policies on granting Deferred Action for Childhood Arrivals (DACA) recipients driver s licenses, in-state tuition, and occupational licenses. In gathering this information, the author referenced the National Law Center s information on driver s licenses and in-state tuition, as well as each individual state s supreme court precedent on admitting undocumented individuals to the state s bar. Please note that any designation was assigned by the author for any state policies that were unable to be located at the time the survey was compiled and thus are not addressed by applicable state legislation. All information contained in this document is on file with the author. STATE DRIVER S LICENSES IN-STATE TUITION OCCUPATIONAL LICENSES AL Eligible of Licenses Authorization Document (EAD) as Lists I-797 Notice of Action (or Generally Accepts Any Verifiable Document) as Meeting Lawful (Prohibits Undocumented Students from Enrolling in Any Public Postsecondary Institution, but May Enroll DACA Recipients at In-State Tuition Rates at Some Universities & Community Colleges) SPECIFICALLY BAR LICENSES - Citizenship & 401

2 402 Chapman Law Review [Vol. 18:2 AK Appear to Be Eligible, but Not Specifically Addressed (Out-of-State) AZ Not Eligible Officials Have Announced Intent to Deny Licenses to DACA Recipients (DACA Grantees Eligible for In-State Tuition at Some Institutions) (+Maricopa County Judge Granted Attorney General & Governor to Sue Maricopa Colleges on This Issue; Decided 4/30/14) AR Eligible (Out-of-State) CA Eligible Eligible Lists I-797 Notice of Action (or Generally Accepts Any Verifiable Document) 2001 Cal. Stat (A.B. 540) Signed 10/12/01 - Citizenship Information - Documentation Proving Citizenship or Eligible 2012 Cal. Stat (A.B. 1024) Signed 10/5/13 + Denotes ongoing litigation.

3 2015] Fifty-State Survey: DACA Recipient 403 CO Eligible Eligible 2013 Colo. Sess. Laws 504 (S.B. 33) Signed 4/29/13 CT Eligible Eligible Lists I-797 Notice of Action (or Generally Accepts Any Verifiable Document) CONN. GEN. STAT. 10a-29 (2011) (H.B. 6390) Signed 6/13/11 DE Eligible (Pay Out-of-State) *S.B. 183 Senate Education Committee 4/3/14 - Citizenship and/or Lawful Documentation - Citizenship & - Citizenship &

4 404 Chapman Law Review [Vol. 18:2 DC Eligible Lists I-797 Notice of Action (or Generally Accepts Any Verifiable Document) FL Eligible Eligible Not Eligible FLA. STAT , , (2014) (H.B. 851) Signed 6/9/14 Florida Board of Bar Examiners Re: Question as to Whether Undocumented Immigrants Are Eligible for Admission to the Florida Bar (2014) (No. SC )

5 2015] Fifty-State Survey: DACA Recipient 405 GA Eligible Prohibited (Bans Undocumented Students from Some Colleges) +DACA Beneficiary Ga. College Students v. Univ. Sys. of Georgia s Bd. of Regents, No. 2014cv243077, (Ga. Sup. Ct. Fulton Co. 2014), appeal docketed, No. A14A2352 (Ga. Ct. App. Aug. 15, 2014) HI Eligible (Out-of-State at Some Institutions; In-State at Some Institutions) Lists I-797 Notice of Action (or Generally Accepts Any Verifiable Document) - Citizenship & - Applicants Who Are not U.S. Citizens or Do not Have Permanent Resident in U.S. Must Submit Non- Immigrant Affidavit & Other Documentation with Fitness Application + Denotes ongoing litigation.

6 406 Chapman Law Review [Vol. 18:2 ID Eligible (Out-of-State) IL Eligible Eligible 2003 Ill. Stat. 50 (H.B. 60) Effective 5/20/03 IN Eligible Prohibited Lists I-797 Notice of Action (or Generally Accepts Any Verifiable Document) 2011 Ind. Acts 2790 (H.B. 1402) (Required Lawful for In-State Tuition) Effective 7/1/ Ind. Acts 1801 (S.B. 207) (Protects Those Undocumented Enrolled Before 7/1/11 Who Were Already Receiving In-State Tuition) Signed 5/13/13 Applicant Qualifications Include: - Be lawfully admitted to this country. - Citizenship *S.B. 279

7 2015] Fifty-State Survey: DACA Recipient 407 IA Eligible (Out-of-State) *H.F. 309 House Education Committee - Citizenship KS Eligible Eligible KAN. STAT. ANN a (2004) (H.B. 2145) Effective 7/1/04 - Citizenship - - Lawful Information

8 408 Chapman Law Review [Vol. 18:2 KY Eligible Kentucky Council on Postsecondary Education Enabled Institutions to Do So Without Explicit Bill 1 LA Eligible (Out-of-State) ME Eligible (Out-of-State) - Citizenship & Documentation Requires: - U.S. Citizenship; - Alien Lawfully Admitted for Permanent Residence; or - Alien Otherwise Authorized to Work Lawfully in the United States - Citizenship & 1 See Kentucky Policy, ULEADNET.ORG, (last visited Oct. 30, 2014).

9 2015] Fifty-State Survey: DACA Recipient 409 MD Eligible Eligible 2011 Md. Laws 870 (S. 167) (H. 470) Signed 5/10/11 MA Eligible MI Eligible (In-State at Some Institutions) *H & *S. 577 (In-State Tuition at Some Institutions) - Do Not Need U.S. Citizenship or Residence

10 410 Chapman Law Review [Vol. 18:2 MN Eligible Eligible 2013 Minn. Laws 752 (S. 1236) Effective 7/1/13 MS Eligible (Out-of-State) Lists I-797 Notice of Action (or Generally Accepts Any Verifiable Document) MO Eligible (In-State Tuition at Some Institutions) *S.B. 722 Education *H.B Higher Education *H.B Higher Education *H.B Higher Education *H.B (Bill Restricting Access) Higher Education Public Hearing 2/11/14 - Citizenship ; or - Immigrant Lawfully Admitted for Permanent Residence; or - Alien Otherwise Authorized to Work Lawfully in the United States

11 2015] Fifty-State Survey: DACA Recipient 411 MT Eligible Prohibited *Requires Proof of Authorized ; MONT. CODE ANN (10) (2013) (Bans Enrollment of Undocumented Students; However, Public University System Has Announced Plans to Admit Students Regardless of ) NE Not Eligible Eligible Officials Have Announced Intent to Deny Licenses to DACA Recipients NEB. REV. STAT (2006) L.B. 239 (Passed over Governor s Veto 4/13/06) NV Eligible (Out-of-State) NH Eligible (Out-of-State; University of New Hampshire Enrolls DACA Recipients at In-State Rates) *H.B. 474 House Passed 1/22/14; Senate Health, Education & Human Services Referred to Study - Citizenship &

12 412 Chapman Law Review [Vol. 18:2 NJ Eligible Eligible 2013 N.J. Sess. Law Serv. 712 (West) (S. 2479) 12/20/13 *S. 442 Senate Higher Education *A Assembly Higher Education NM Eligible Eligible , N.M. STAT. ANN. (2005) (S.B. 582) NY Eligible Eligible N.Y. EDUC. LAW 355(2)(h)(8) (2002) (S.B. 7784) *S Higher Education *A (Restricting Access) Assembly Higher Education, Held for Consideration NC Eligible (Out-of-State) Lists I-797 Notice of Action (or Generally Accepts Any Verifiable Document) - Citizenship & - Citizenship & Naturalization Information Pending (+May Be Reviewed by State s Highest Court i.e., Cesar Vargas, New York Law School Graduate Seeking Bar License) + Denotes ongoing litigation.

13 2015] Fifty-State Survey: DACA Recipient 413 ND Eligible (Out-of-State) OH Eligible (In-State Tuition at Some Institutions) Lists I-797 Notice of Action (or Generally Accepts Any Verifiable Document) OK Eligible (Out-of-State) H.B Signed 5/8/07 (Rescinded S.B. 596, 2003, Which Allowed In- State Tuition)

14 414 Chapman Law Review [Vol. 18:2 OR Eligible Eligible 2013 Or. Laws 91 (2013) (H. 2787) Effective 7/1/13 PA Eligible (Out-of-State) *S.B. 713 Senate Education RI Eligible (In-State at Some Institutions) *H.B House Finance, Recommended Hold for Further Study *SB 2345 Senate Financing Hearing 5/13 - Citizenship; or - with Documentation Showing You Are in the United States Legally - Citizenship; or - Proof of Legal Residency or Naturalization

15 2015] Fifty-State Survey: DACA Recipient 415 SC Eligible (Prohibits Undocumented Students from Enrolling in Any Public Postsecondary Institution; However Some Enroll DACA Recipients) (Out-of-State) *H Ways and Means SD Eligible (Out-of-State) - Citizenship; or - Naturalization Documentation; or - If Not Naturalized, Information Whether You Have Bona Fide Declared Your Intention to Become a Citizen TN Eligible (Out-of-State) *S.B Education Subcommittee, on Calendar 3/24 *H.B Education Subcommittee, Taken off Notice for Calendar *S.B Senate Education Committee Calendar 3/26 *H.B House Education Subcommittee, Taken off Notice for Calendar

16 416 Chapman Law Review [Vol. 18:2 TX Eligible Eligible TEX. EDUC. CODE ANN (2001) (H.B. 1403) Signed & Effective 6/16/01 - Proof of Citizenship or Naturalization UT Eligible *Offers Licenses to Those Who Can Prove Citizenship or Lawful /Offers Driver s Certificate for Those Who Cannot Eligible UTAH CODE ANN. 53B (2002) (H.B. 144) 7/1/02 - Citizenship; or - with Documentation Verifying That You Are Currently in the United States Legally

17 2015] Fifty-State Survey: DACA Recipient 417 VT Eligible (Out-of-State) VA Eligible (DACA Recipients May Be Eligible for In-State Tuition at Some Institutions) Lists I-797 Notice of *H.B. 747 Education Action (or Generally Committee Passed 1/29, Accepts Any Verifiable Left in Appropriations Document) WA Eligible Eligible WASH. REV. CODE 28B (2003) (H.B. 1079) Signed 5/7/03 - Citizenship; or - Alien Lawfully Present in United States - U.S. Birth Certificate or Naturalization Papers; or - Affidavit of with Applicable Documentation

18 418 Chapman Law Review [Vol. 18:2 WV Eligible Lists I-797 Notice of Action (or Generally (Out-of-State) Accepts Any Verifiable Document) WI Eligible WIS. STAT (A ) 2011 (Revoked Eligibility for Instate Tuition for Unauthorized Immigrants that Was Added Through the Budget Law in 2009) WY Eligible (Out-of-State) - Citizenship; or - Description of U.S. Citizenship Required WYO. STAT. ANN (2014)