Washington Legal Foundation
September 7, 2005, the WLF filed a formal complaint with the Department of Homeland security (DHS) against New York, charging that New York is violating the civil rights of US citizens who live outside the state and that New York is violating federal law by offering in-state college tuition rates to illegal aliens that live in New York while denying those same rates to nonresident US citizens.
The federal statute at issue was adopted in 1996 and designed to ensure it that in the state that offers discounted, in-state tuition rates to illegal aliens on the basis of their residents in the state must offer the same discounted rates to all US citizens.
I think it's an interesting point... most states require that you live within the area for certain length of time to qualify for in-state tuition... the Catch-22 is they may live in the area for the required length of time but they are not legally supposed to be in the area in the first place.
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