Policy by Design or Omission: A National Analysis of In-State Tuition Policy for Displaced Populations

• In Event: Newcomer Students' Pursuit of Higher Education in the United States: Examining Access and Returns

Abstract

Displaced learners encompass a broad and evolving range of legal statuses, united by a common pursuit of refuge. Upon arrival in the United States, these individuals navigate complex policy systems that can either facilitate or hinder their resettlement. Among their many aspirations is access to education. While K–12 education is guaranteed, less is known about how state policies shape postsecondary access for displaced populations, particularly through in-state tuition eligibility and state-level financial aid. Building on prior state-level studies (Casellas Connors et al., 2025; Unangst et al., 2022) and national analyses (Presidents Alliance, n.d.), this research uses a dataset of in-state tuition policies across two- and four-year public institutions in all 50 states. It examines educational access for refugees, asylees, Temporary Protected Status (TPS) holders, Special Immigrant Visa (SIV) holders, and parolees. 

The first area of analysis asks: (1) Which states explicitly include displaced populations in their in-state tuition and financial aid policies? (2) How does a state’s sociopolitical context influence whether these policies exist? Using a novel dataset of over 129 policy documents from 49 states, this research assesses how displaced students are addressed within tuition policies. It also considers whether state sociopolitical context—as measured by Larson’s (2022) Anti-Racism Index—correlates with inclusive policy adoption. Preliminary findings show that 14 states offer immediate in-state tuition access to refugees, and 12 offer it to asylees or SIV holders. Fewer—six and seven states, respectively—offer immediate access to TPS holders or parolees. While more states provide access after one year of residency, TPS holders and parolees remain significantly underrepresented. Early analysis suggests a modest correlation between states with higher anti-racism scores and more inclusive tuition policies. 

The second line of analysis asks: (1) what is the nature of the policy discourse -- enabling or restricting access? Drawing from 117 policy documents, the study uses critical discourse analysis to examine how displaced individuals can demonstrate residency, including through documentation, affidavits, or high school attendance. The findings reveal a spectrum from implicit to explicit policy references. Explicit policies directly name displaced groups, while implicit ones allow for interpretation and are potentially exclusionary. A second dimension captures the timing from immediate access to delayed access, whether policies allow for immediate tuition eligibility or require a waiting period. Together, these axes produce a 2x2 typology, illustrating how state policies vary in clarity and immediacy. The analysis also highlights compliance costs—the administrative burden individuals must overcome to access tuition benefits (Herd & Moynihan, 2018). For example, in Wyoming, stringent documentation requirements may delay access for displaced populations. Thus, we illustrate the ways that compliance costs are embedded within the policy language. 

Overall, this study shows how in-state tuition policies can serve as gateways or barriers to postsecondary education for displaced learners. By mapping policy across all 50 states, it offers insight into how sociopolitical factors shape access and exclusion within higher education systems. 

Author

• Ishara Casellas Connors, Texas A&M University
  Presenting Author