2025-26 Audit and Reporting Guidelines Format Final- Harsha

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). No statutory provision specifically addressing aliens and residency for tuition purposes is currently in effect.

We stated the following in MS AG Op., Stonecypher (Aug. 10, 2007):

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. 8 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. 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. *2 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. Therefore, in response to your question, if the foreign born person is an alien that is not lawfully present in the United States, then such person would not qualify for in-state tuition. If the foreign born person is an alien that is lawfully present in the United States, then, in the absence of any Mississippi statute to the contrary, the person would be subject to the same requirements as citizens in determining residency. Likewise, an alien lawfully present in the United States would be eligible for special statutory provisions, such as the one contained in section 37-103-7 above, to avoid paying out-of-state tuition.

Very truly yours, Jim Hood Attorney General

By: Chuck Rubisoff Special Assistant Attorney General

2007 WL 3356844 (Miss.A.G.)

Tab 11B – Attorney General Opinion Evans 2007

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Updated 10/01/2023