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25 Immigr. & Nat'lity L. Rev. 323 (2004)
IIRIRA, The Dream Act, and Undocumented College Student Residency

handle is hein.journals/inlr25 and id is 335 raw text is: IIRIRA, THE DREAM ACT, AND UNDOCUMENTED COLLEGE STUDENT RESIDENCY MICHAEL A. OLIVAS* In a series of articles beginning twenty years ago, I began to review the complex practices and conflicting policies to track college residency issues.' This arcane field of interest has grown into a cottage industry, especially as the stakes have increased: when tuitions were low, the differences between charges to in-state resident students and out-of-state nonresident students were modest in scope, and need-based financial aid programs and fee waivers often made up these differences on a student's fee bill. As tuitions have increased, especially nonresident tuitions, and as need-based assistance has given way to increased use of loans to finance student assistance, however, these issues of who is eligible to receive resident tuition have ratcheted up. College residency issues have become so complex and contentious that I once likened them to the movie Rashomon: This essay is about a Rashomon-like case. It is, alternatively, an admissions case, an immigration matter, a taxpayer suit, a state civil procedure issue, an issue of preemption, a question of higher education tuition and finance, a civil rights case, and a political issue. In addition to being a true story, it is also representative of the stories of many other similarly-situated persons who seek admission to college. From a social science perspective, this case is a subset of admissions cases, and a very specific subset at that: it is an immigration-related admissions case. At bottom, though, it is a story about college-aged kids who have lived * Michael A. Olivas is William B. Bates Distinguished Chair in Law at the University of Houston Law Center, Director of the Institute for Higher Education Law and Governance (IHELG), and Associate Dean for Student Life at the UHLC. This research was undertaken with partial support from the Arizona State University, College of Education. The author wishes to acknowledge the assistance of Kristen Werner, Dr. Augustina H. Reyes, James A. Ferg-Cadima, Victor C. Romero, Stephen H. Legomsky, and Deborah Jones Ogbechie. Of course, all errors are mine, and I hereby indemnify all these colleagues. 1. See, e.g., Michael A. Olivas, Postsecondary Residency Requirements: Empowering Statutes, Governing Types, and Exemptions, 16 C. L. DIG. 268 (1986); Michael A. Olivas, State Residency Requirements: Postsecondary Authorization and Regulation, 13 C. L. DIG. 157 (1983), reprinted in AMERICAN ASSOCIATION OF COLLEGIATE REGISTRARS AND ADMISSIONS OFFICERS & NATIONAL ASSOCIATION OF COLLEGE AND UNIVERSITY ATTORNEYS, LEGAL GUIDE FOR ADMISSIONS OFFICERS AND REGISTRARS 47 (1985). Originally published in 30 Journal of College and University Law 435 (2004). Used by permission.

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