Utah House Bill 144

Utah House Bill 144 (HB 144) is a State law that passed in 2002. HB 144 allows qualifying undocumented and DACAmented students to pay in-state tuition, the same rate as Utah residents, if they attend a Utah college or university.

In order to QUALIFY for HB 144, a student must meet the following requirements and submit a HB 144 Affidavit:

  • Student must have attended a UTAH high school for three (3) or more years
  • Student must have graduated from a UTAH high school with a diploma or G.E.D.
  • Student must NOT be registered as an entering student at a Utah college or university before the Fall semester 2002
  • Student must have filed an application to legalize his or her immigration status or will file an application as soon as he or she is eligible.  *(In other words, when the student has an opportunity to fix his or her legal status, he/she will.)
Institution Link to HB 144 Affidavit
University of Utah http://admissions.utah.edu/apply/residency/non-resident-tuition-waiver-request.pdf
Salt Lake Community College https://www.slcc.edu/enrollmentservices/docs/Residency_Affidavit.pdf
Utah State University https://www.usu.edu/admissions/scholarships/hb144
Weber State University https://apps.weber.edu/wsuimages/multicultural/Undocumented%20Student%20Waiver%20Form%202013.pdf
Southern Utah University https://www.suu.edu/finaid/pdf/hb144-waiver-and-procedures.pdf
Snow College https://www.snow.edu/offices/registrar/download/Form_HB144%20Nonresident%20Exemption.pdf
Dixie State University https://dixie.edu/reg/forms/affidavit-non-res.pdf
Utah Valley University https://www.uvu.edu/admissions/docs/hbfeewaiver.pdf/

Frequently Asked Questions:

1. Who is considered to be undocumented?

  • Undocumented students include those students born outside of the United States; many of whom have lived in this country for a significant portion of their lives, and who reside here without the legal permission of the federal government. Some undocumented students and their families entered the country on tourist or work visas and chose to overstay in the U.S. after their visas expired. Others entered without any form of legal immigration status (Olivarez, 2005).

2. Who can assist me in applying for college?

  • Your high school counselors and college advisers are equipped with valuable information and resources to help you apply for college and private scholarships. However, due to your undocumented status, notifying people about your status can be a scary and risky thing to do. If you feel more comfortable with your teachers, college recruiters, community members, etc. you can ask them for assistance in applying for college. Not everyone is familiar with the process by which undocumented students must navigate the educational system, so finding key people who know about HB 144 is important.  You can also send us your questions to questions@educate-utah.org.

3. Can I apply for scholarships if I’m undocumented?

  • Yes, there are some scholarships undocumented students can apply for; however, they must be private scholarships that are NOT administered through the university. Undocumented students are not eligible for funding or financial aid through the U.S. Government. These privately owned scholarships often award undocumented students scholarships and if questions about your Social Security Number (SSN) or Parent’s Income Tax information are requested, contact the scholarship committee to see the best way to present this information.

4. Can I apply for the Free Application for Federal Student Aid “FAFSA” if I am undocumented or have Deferred Action for Childhood Arrivals?

  • No, undocumented students are not eligible to obtain financial aid from the U.S. Government.

5. What do I do if my college application and/or scholarship application are requesting my social security number (SSN)?

  • Many times the college application and scholarships that request your SSN might state that it is optional. If it is a requirement for the college application, you can submit the HB144 Affidavit worksheet with your college application to notify them that you qualify for in-state tuition but are not documented. If a scholarship is requesting your SSN, you can contact the scholarship organization and explain that you are a HB144 student, and ask for advice on what to do. If you decide not to contact the scholarship organization, you can leave the space blank.

6. Where can I find the HB144 affidavit to apply for college?

  • Attached to this resource guide you will find a sample affidavit to fill out. You can also request a HB144 Affidavit at the admissions office at most colleges and universities in the state of Utah.

7. Who will have access to my affidavit once I submit it?

  • Once you submit your affidavit to your specific college or university, that institution will have your information on file but it is against the law for them to share that information with any other person, organization, or immigration agent. The only way that a U.S. Immigration and Custom Enforcement (ICE) agent will have your information, is for them to subpoena this information from the college or university admissions office.

8. If my parents are undocumented, but I am documented, am I eligible for financial aid?

  •  Yes, if you are a U.S. Citizen, you are eligible to receive financial aid. If one or both of your parents are undocumented, you can enter 000-00-0000 for their SSN on the FAFSA application process. (LINK COMING SOON)

9. Does allowing undocumented students to pay in-state tuition violate immigration policy?

  • No, undocumented students who qualify for in-state tuition must attend a Utah high School for three or more consecutive years, therefore meeting Utah residency requirements.