MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Universities and Colleges

By: Representative Lott, Cummings, Moore, Moss, Staples

House Bill 1073

AN ACT TO REQUIRE A PERSON APPLYING FOR ENROLLMENT AT A STATE INSTITUTION OF HIGHER LEARNING TO SUBMIT WITH THE APPLICATION A CERTIFIED COPY OF THE APPLICANT’S BIRTH CERTIFICATE, TO REQUIRE AN APPLICANT BORN OUTSIDE THE UNITED STATES TO PRESENT CERTAIN EVIDENCE TO THE STATE INSTITUTION OF THE APPLICANT’S CITIZENSHIP OR LEGAL IMMIGRATION STATUS, AND TO PROHIBIT THE ENROLLMENT OF PERSONS FAILING TO PROVIDE SUCH EVIDENCE; TO AMEND SECTION 37-103-23, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT ALL ALIENS WHO ARE LEGAL IMMIGRANTS ARE CLASSIFIED AS NONRESIDENTS OF THE STATE, NOTWITHSTANDING THEIR PLACE OF DOMICILE IN THE UNITED STATES, FOR TUITION PURPOSES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  Every person applying for enrollment at a state institution of higher learning in this state must submit a certified copy of the applicant’s birth certificate along with the person’s enrollment application.  If the birth certificate indicates that the applicant was born outside the United States, the applicant must present evidence of the applicant’s citizenship or legal immigration status.  For purposes of this section, acceptable proof of an applicant’s legal immigration status include any one (1) of the following:  a permanent resident card, commonly known as a "Green Card" (USCIS Form I-551); an immigrant visa; a social security card; or an arrival/departure record (USCIS Form I-94).

     (2)  Any applicant for enrollment at a state institution of higher learning born outside the United States who does not present evidence of the applicant’s citizenship or legal immigration status in a form prescribed in subsection (1) of this section may not be enrolled in the state institution of higher learning.

     SECTION 2. Section 37-103-23, Mississippi Code of 1972, is amended as follows:

     37-103-23.  Notwithstanding their place of domicile in the United States, all legal aliens are classified as nonresidents.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2006.