2025-26 Audit and Reporting Guidelines Format Final- Harsha

purpose of qualifying for in-state tuition in accordance with Section 37 - 103 - 25 ; and can the State Board for Community and Junior Colleges allocate funds to the college in which the student is enrolled under the funding formula as an in-state student? In addition, on a related matter please, advise as to whether a student may qualify as a resident for tuition purposes, if the student meets the requirements of Section 37 103 - 25 (2)(a), but does not meet the requirements of Section 37 - 103 - 25 (2)(b) and (c). In response to your first question, generally speaking, for purposes of determining eligibility for in-state tuition, the residence of a person under the age of twenty-one years is that of “the father, the mother, or a general guardian” appointed by a Mississippi court. Miss. Code Ann. Sec. 37-103-7 (Supp. 2006) . Miss. Code Ann. Sec. 37-103-7 (Supp. 2006) . The residence of an adult is the adult's domicile, i.e., “the place where the adult physically resides with the intention of remaining there indefinitely or of returning there permanently when temporarily absent. ”There are a number of exceptions and special circumstances provisions in which an individual, who otherwise would not qualify, can qualify for in-state tuition, e.g., special provisions for married persons in Sec. 37-103-15; children of faculty and staff in Sec. 37- 103-9; MPACT beneficiaries in Sec. 37-155-5(d)(iii); military personnel in Sec. 37-103-17, 19; and others. *2 Section 37-103- 23 states that “[a]ll aliens are classified as nonresidents. ”This statute was declared unconstitutional in Jagnadan v. Giles, 379 F. Supp. 1178 (N.D. Miss. 1974) , affirmed in part on other grounds 538 F. 2d 1166 (5th Cir. 1976) , ”This statute was declared unconstitutional in Jagnadan v. Giles, 379 F. Supp. 1178 (N.D. Miss. 1974) , affirmed in part on other grounds 538 F. 2d 1166 (5th Cir. 1976) , cert. denied. No statutory provision specifically addressing aliens and residency for tuition purposes is currently in effect. While this office does not opine with regard to federal law, there are two federal statutes that we must note in order to respond to your request. The first is a provision that generally makes undocumented aliens ineligible to receive state and local benefits, unless a state affirmatively provides for such eligibility after August 22, 1996. 88 U.S.C. Sec. 1621 . U.S.C. Sec. 1621 . The second federal statute provides that aliens not lawfully present in the United States are not eligible on the basis of residence within a state for a postsecondary education benefit, unless such benefit is available to any citizen of the United States regardless of residency. 8 U.S.C. Sec. 1623 . 8 U.S.C. Sec. 1623 . Under the Supremacy Clause of the United States Constitution, a state law which is in conflict with or interferes with a federal law, must yield to the federal law. There has been no Mississippi statute enacted after August 22, 1996 to make undocumented aliens eligible for in-state tuition. Residency has been and remains the key determinant of whether a person qualifies for in-state tuition. Therefore, under current Mississippi law, undocumented aliens do not qualify for in-state tuition. The 2006 amendment to Section 37-103-7 The 2006 amendment to Section 37-103-7 contains a residency requirement, which unless made available to all students regardless of residency, would conflict with and must yield to the federal limitations referred to above. While most nonimmigrant visa holders will not qualify as residents, each nonimmigrant visa classification will need to be examined on a case by case basis to determine whether the class of visa permits the holder to form the intent to remain indefinitely.