New Mexico Statutes

N.M. Stat. § 21-1-4.6 (2026)

Nondiscrimination policy for admission to any public post-

✓ current as of May 2026
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secondary educational institution; nondiscrimination in eligibility
for education benefits.
   A. A public post-secondary educational institution shall not deny admission to a
student on account of the student's immigration status.

   B. Any tuition rate or state-funded financial aid that is granted to residents of New
Mexico shall also be granted on the same terms to all persons, regardless of
immigration status, who have attended a secondary educational institution in New
Mexico for at least one year and who have either graduated from a New Mexico high
school or received a high school equivalency credential in New Mexico.

History: Laws 2005, ch. 348, § 1; 2015, ch. 122, § 4.

                                     ANNOTATIONS

The 2015 amendment, effective July 1, 2015, replaced the term "general education
development certificate" with "high school equivalency credential" in the provision
relating to nondiscrimination policies for admission to public post-secondary educational
institutions; and in Subsection B, after "high school or received a", deleted "general
educational development certificate" and added "high school equivalency credential".
Notes of Decisions
Cited in 2 cases, 2017–2017 · leading case: State ex rel. Brnovich v. Maricopa Cnty. Cmty. Coll. Dist. Bd., 395 P.3d 714 (Ariz. Ct. App. 2017).
State ex rel. Brnovich v. Maricopa Cnty. Cmty. Coll. Dist. Bd., 395 P.3d 714 (Ariz. Ct. App. 2017). “§ 23-7-110 ; N.M. Stat. § 21-1-4.6(B). . Indeed, as the Concurrence adroitly points out, early drafts of Prop 300 that based eligibility for in-state tuition benefits on other factors, such as high school attendance and parental tax filings, were rejected.”
State v. McCcd (Ariz. Ct. App. 2017). “§ 23-7-110 ; N.M. Stat. § 21-1-4.6(B). 18 STATE v. MCCCD et al.”
— N.M. Stat. § 21-1-4.6(B) — 2 cases
State ex rel. Brnovich v. Maricopa Cnty. Cmty. Coll. Dist. Bd., 395 P.3d 714 (Ariz. Ct. App. 2017). “§ 23-7-110 ; N.M. Stat. § 21-1-4.6(B). . Indeed, as the Concurrence adroitly points out, early drafts of Prop 300 that based eligibility for in-state tuition benefits on other factors, such as high school attendance and parental tax filings, were rejected.”
State v. McCcd (Ariz. Ct. App. 2017). “§ 23-7-110 ; N.M. Stat. § 21-1-4.6(B). 18 STATE v. MCCCD et al.”
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