In 2002 Utah passed a law that let students who grew up here pay the same tuition as their high school classmates, regardless of immigration status. That law, known ever since as HB 144, now faces its most serious challenge: a federal lawsuit filed in September 2026 and a promise from the Utah House speaker to change it in the 2027 Legislature.
This guide explains what the law says now, who qualifies, how Utah Valley University applies it, what is at stake in dollars, and where the litigation stands. It draws on the Utah Code, UVU's residency office, the Justice Department's complaint, Utah News Dispatch and the Presidents' Alliance on Higher Education and Immigration, checked November 13, 2026. A Spanish version is written for families.
What the law says
After the 2025 recodification of Utah's higher education statutes, HB 144 lives at Utah Code 53H-11-203, effective October 14, 2025. If allowed under federal law, a student, other than a nonimmigrant visa holder as defined in federal law, is exempt from the nonresident portion of total tuition if the student:
- attended high school in Utah for three or more years;
- graduated from a Utah high school or received the equivalent of a high school diploma in Utah; and
- registers as an entering student at an institution of higher education.
A student without lawful immigration status must also file an affidavit with the institution stating that the student has filed an application to legalize their status, or will file one as soon as they are eligible.
The Board of Higher Education makes the rules for implementing it. Its Policy R513, Tuition Waivers and Reductions, amended May 14, 2026, repeats the statute's terms, adds that the student must have registered as an entering student no earlier than fall of the 2002-03 academic year, and applies the affidavit requirement at USHE institutions.
Two related provisions matter:
- No lawful-presence check. Utah Code 63G-12-402 generally requires verifying lawful presence before a person receives public benefits, but it says verification is not required for the nonresident tuition exemption under 53H-11-203. Policy R513 repeats that exception.
- Institutions can still charge nonresident tuition to students who do not meet the requirements.
The money at stake
| Institution | Resident | Nonresident | Difference |
|---|---|---|---|
| UVU, 2026-27 tuition and fees, per year | $6,873 | $19,577 | ~$12,700 |
| University of Utah, per year | $10,480 | $32,932 | ~$22,450 |
| Utah State University, per semester | $4,532 | $13,255 | ~$8,700 |
UVU's figures come from the tuition request UVU filed with the Utah Board of Higher Education; the University of Utah and Utah State figures are the cost-of-attendance numbers quoted in the DOJ complaint. Over four years at UVU, the gap is more than $50,000 before any increases. Our UVU tuition 2026-27 guide breaks down the rest.
BYU is different. As a private university it does not use resident and nonresident rates. Its 2026-27 undergraduate tuition is $3,548 a semester for Latter-day Saint students and $7,096 for others; see our BYU tuition guide.
How UVU applies it
UVU's residency office runs the exemption through an online affidavit.
HB 144 requirements at UVU
A student must:
- Be admitted to UVU.
- Have attended a Utah high school for three or more years.
- Have graduated from a Utah high school, or earned the equivalent such as a GED, before the start of the term.
- Not have registered for college classes before fall of the 2002-03 academic year.
- Not hold a nonimmigrant visa.
- Have filed, or be willing to file, an application to legalize their immigration status when eligible.
The steps
- Apply and be admitted. The exemption is requested after admission.
- Complete the HB 144 Affidavit for Non-Resident Tuition Exemption online, selecting "HB 144 Tuition Exemption."
- Submit an official high school transcript showing the graduation date.
- Repeat at each school. UVU notes that a student attending more than one Utah institution must file an affidavit at each.
HB 118
UVU also applies what it calls the HB 118 exemption to students who are undocumented or hold a valid nonimmigrant visa, such as F-1 or F-2, and who attended a Utah high school for three or more years and graduated before the term. The nonresident portion is waived, but the student remains classified as a nonresident for tuition purposes, and visa holders submit a copy of the visa. UVU says information in that affidavit is strictly confidential unless disclosure is required by law.
The lawsuit
What DOJ filed
On September 10, 2026, the Justice Department filed United States v. Utah, No. 2:26-cv-00842-TS, in the U.S. District Court for the District of Utah. The defendants are the state, the Utah System of Higher Education and Commissioner Geoffrey Landward.
The complaint argues that Utah gives in-state tuition and scholarship eligibility to people without lawful status based on Utah residence while denying the same benefits to U.S. citizens from other states. It cites federal law, including 8 U.S.C. 1621(d) and the statute limiting postsecondary benefits based on residence, and asks for a judgment declaring unconstitutional and unenforceable the relevant parts of:
- Utah Code 53H-11-203 (resident tuition)
- Utah Code 53H-11-402 (the Opportunity Scholarship) and 53H-11-414 (Utah Promise)
- Utah Code 63G-12-402 (the lawful-presence exceptions)
- the related Board policy and administrative rules
Utah News Dispatch reported that the filing brought DOJ's total to 25 lawsuits against states over resident tuition for people without lawful status, following an April 2025 executive order directing the department to act against such laws.
The legal argument
The complaint rests on two federal statutes from the 1996 immigration and welfare laws.
8 U.S.C. 1623(a) says that, notwithstanding any other law, a person not lawfully present in the United States "shall not be eligible on the basis of residence within a State ... for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount ...) without regard to whether the citizen or national is such a resident." DOJ's reading: because Utah's statute keys eligibility to three years in a Utah high school, which the complaint argues is a proxy for Utah residence, and because a U.S. citizen from Idaho or Nevada cannot get the same rate, the Utah law is preempted under the Supremacy Clause. The complaint says "there are no exceptions."
8 U.S.C. 1621(d) allows states to make people without lawful status eligible for state or local public benefits "only through the enactment of a State law after August 22, 1996, which affirmatively provides for such eligibility." DOJ argues that the parts of Utah's scheme that live in Board policy and administrative rules, rather than in an enacted statute, violate this provision as well, so the scheme is "preempted twice over."
The other side. As Utah News Dispatch summarized it, proponents of laws like Utah's say they do not change any academic requirements and let students pay the same rate as the classmates they grew up with. Opponents of the 2026 repeal bill raised concerns that ending the benefit could make college unaffordable for students who have lived much of their lives in Utah. The president of the Mexican American Legal Defense and Educational Fund called the coordinated suits "unprecedented and unwarranted," noting that no previous administration of either party had challenged these state laws. The Presidents' Alliance stresses that the 2025 executive order did not itself alter or invalidate any state law and that each case turns on the specific wording of each state's statute.
Outcomes elsewhere
The Utah complaint cites rulings from other states:
- Texas: on June 4, 2025, a federal court in the Northern District of Texas permanently enjoined Texas officials from enforcing that state's provision.
- Kentucky: on March 31, 2026, a federal court in the Eastern District of Kentucky held a Kentucky regulation violated federal law.
- Oklahoma: on August 29, 2025, a federal court in the Eastern District of Oklahoma entered an order and final consent judgment against that state's provision.
- Nebraska: on June 3, 2026, a federal court in Nebraska held that state's laws preempted by Section 1623(a).
- Illinois: on July 24, 2026, a federal court in the Southern District of Illinois found Illinois's in-state tuition statutes, as applied to people without lawful status, preempted.
- Kansas: Utah News Dispatch reported that, the same week Utah was sued, a federal judge ruled Kansas's tuition law unconstitutional.
The Presidents' Alliance notes that each case turns on state-specific statutory language, so these rulings do not decide Utah's case on their own.
Utah's response so far
- The Utah System of Higher Education said it supports students who meet the eligibility requirements in state law and defers to the Legislature's authority to set tuition policy.
- House Speaker Mike Schultz said, "I look forward to addressing this issue and making the necessary changes during the 2027 General Session." He voted for a 2026 bill that would have ended the benefit.
- Senate President Stuart Adams said the Senate was still reviewing the suit.
- Attorney General Derek Brown declined through a spokesperson to discuss the litigation.
The 2026 repeal bill passed the House by a narrow margin but did not get a vote or sponsor in the Senate, according to Utah News Dispatch.
Is the law still in effect?
As of the Presidents' Alliance tracker's October 5, 2026 update, Utah's case showed the filing as its latest development and was listed as ongoing litigation, which the tracker's key describes as a policy that remains in effect until a final decision. We found no ruling in the Utah case as of November 13, 2026. The two ways it could change are a court decision or a new law from the 2027 General Session, which convenes in January.
Key dates
| Date | Event |
|---|---|
| 2002 | Utah Legislature passes HB 144 |
| April 28, 2025 | Executive order directs DOJ to act against state laws favoring people without lawful status |
| October 14, 2025 | Statute recodified as Utah Code 53H-11-203 |
| 2026 General Session | Repeal bill passes the House narrowly; no Senate vote |
| May 14, 2026 | Board of Higher Education amends Policy R513 |
| September 10, 2026 | DOJ files United States v. Utah |
| January 2027 | Utah Legislature's 2027 General Session convenes |
Who it affects
We did not find a current public count of how many Utah college students use the exemption, and Utah News Dispatch noted it was not clear how many of the state's unauthorized immigrants are college age. For scale, the same report cited a Pew Research Center estimate of about 140,000 unauthorized immigrants living in Utah as of 2023, out of a total population of roughly 3.4 million. The exemption also reaches students on the HB 118 track at UVU, including some who hold nonimmigrant visas, though the DOJ complaint focuses on students without lawful status.
What students and families should do now
- High school juniors and seniors: confirm with a school counselor that you will have three years in a Utah high school at graduation.
- Apply early and file the affidavit immediately after admission. No one yet knows how a change in the law would treat students already enrolled; being fully on record is the best position.
- Keep copies of the transcript, the diploma and the affidavit confirmation.
- Apply for institutional and private scholarships, not only state programs, since the state scholarship provisions are also under challenge. UVU's general scholarship deadline is February 1, and our Spanish scholarship guide covers both BYU and UVU dates.
- Ask the financial aid office what state and private aid applies for the current year.
- Talk to an immigration attorney before filing any immigration application. The Utah County Family Justice Center offers immigrant legal services with no income guideline on the first three Tuesdays of each month; see our free legal help guide.
- If you are already enrolled, stay continuously enrolled if you can and watch for official email from your school.
A short history
UVU's own summary: in 2002 the Utah Legislature passed House Bill 144, allowing qualifying undocumented students to pay in-state tuition at Utah public colleges and universities. That is why UVU and Board policy still reference the fall of the 2002-03 academic year. The DOJ complaint describes the current statute as the codification of HB 144 and a later bill, SB 111, and identifies other laws, SB 253 and SB 136, that extended eligibility for certain scholarships without proof of lawful presence.
What changed in 2025 and 2026 is federal pressure: a presidential executive order in April 2025, followed by a wave of DOJ suits against states with similar laws, and a Legislature whose leaders now say they intend to revisit it.
Related Guides
- UVU tuition 2026-27
- BYU tuition 2026-27
- Free and low-cost legal help in Utah County
- Matrícula estatal para estudiantes sin papeles (en español)
Frequently Asked Questions
Can undocumented students get in-state tuition in Utah?
What does the HB 144 affidavit say?
Did the Justice Department sue Utah over in-state tuition?
Is HB 144 still in effect during the lawsuit?
How much does HB 144 save at UVU?
Does HB 144 apply at BYU?
What is HB 118 at UVU?
Do students have to prove lawful presence to get the exemption?
Sources
The facts in this guide were checked against these sources. Hours, fees and rules change, so confirm anything time-sensitive with the source before you go. How we make Provo.com.
- Utah Code 53H-11-203, Resident tuition: requirements, Utah Legislature. Checked November 13, 2026.
- United States v. Utah, complaint, No. 2:26-cv-00842-TS, U.S. Department of Justice. Checked November 13, 2026.
- DOJ sues Utah in wider push against in-state tuition for unauthorized immigrants, Utah News Dispatch. Checked November 13, 2026.
- HB 144 and HB 118 Applications, Utah Valley University. Checked November 13, 2026.
- In-State Tuition Litigation Updates, Presidents' Alliance on Higher Education and Immigration. Checked November 13, 2026.
- Utah Valley University: Residency, Utah Valley University. Checked November 13, 2026.
