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Committee narrowly backs expansion of in-state tuition and workforce aid to certain adult immigrants

5684493 · February 24, 2025
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Summary

House Bill 64 would extend in-state tuition and eligible workforce financial aid to immigrant adults who meet new criteria (one year of adult education attendance, two years of New Mexico earned income and tax filing, or application for special immigrant juvenile status). The committee issued a due-pass recommendation on a split vote (6-4).

The House Commerce & Economic Development Committee voted 6-4 to give House Bill 64 a due-pass recommendation after lengthy testimony and questions about fiscal and implementation impacts. The bill would expand the state’s 2005 tuition-equity law to allow certain adult immigrant workers and adult education completers to access in-state tuition rates and state-supported workforce tuition aid.

Sponsor Rep. Chavez told the committee HB 64 would amend NMSA 21-1-4.6 to extend eligibility for in-state tuition and financial aid for credit and noncredit workforce training to people who meet one of three criteria: have attended an adult education program in New Mexico for at least one year, have earned income in New Mexico and filed New Mexico income tax returns for the preceding two years, or have applied for special immigrant juvenile status.

Witnesses from immigrant-rights organizations and community colleges testified in support, describing workforce shortages in health care, childcare, construction trades and broadband installation and arguing that adult immigrants already working and paying taxes are blocked from training because they do not qualify under the 2005 law (which focuses on school attendance for minors). Marcela Diaz of Somos Un Pueblo Nido and Gabriela Ivanos Guzman (staff attorney) outlined how the bill is intended to align state eligibility with federal requirements that permit states to authorize in-state tuition for certain noncitizens when explicitly provided by statute.

Multiple adult learners and workforce participants gave personal testimony in Spanish and English about paying out-of-state tuition rates or being unable to continue training because of cost. Santa Fe Community College President Becky Riley and representatives of community colleges said the bill would help meet workforce needs and that the fiscal impact is likely to be limited relative to the state’s existing Opportunity Scholarship and GROW tuition-support program.

Committee members questioned financial implications and whether expanding eligibility would create competition for limited tuition-support dollars. Representative Armstrong asked whether co-op-type programs or adult education programs would be overwhelmed; the Higher Education Department’s adult education director said the adult education budget was $6.828 million in the prior year and $7.828 million in the current budget, and the FIR’s estimate for the Opportunity Scholarship impact capped at about $903,000 per fiscal year under a maximum-participation scenario.

Representative Murphy and others raised concerns about possible incentives for migration and competition with existing New Mexico residents; witnesses and the sponsor said historical experience with the 2005 tuition-equity law did not show a surge in in-migration linked to the policy and emphasized the bill is intended to allow long-term residents and workers to access workforce training. After extended questioning and public testimony, the committee voted 6-4 to report HB 64 out of committee with a due-pass recommendation.