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Frequently Asked Questions for: Admissions & Records - House Bill 1023

  1. What is this hold on my account for House Bill 1023?
  2. Who is required to show proof of lawful presence for House Bill 1023?
  3. What is considered a public benefit?
  4. What is required to prove lawful presence for House Bill 1023?
  5. What if I don't have any of the appropriate identification for House Bill 1023?
  6. I am very busy. Do I really need to do this in person?
  7. May I fax a copy?
  8. I will not be able to satisfy the identification requirement but would be able to sign the affidavit. Would it be possible for me to sign the affidavit and have my hold taken off of my record?
  9. Will there be any consequences if I decide not to sign the affidavit?

What is this hold on my account for House Bill 1023?

Governor Bill Owens signed HB06S-1023 into law on July 31, 2006. This bill has been called Restriction of Public Benefits. This is one bill from a package of legislation from the special session of the legislature on immigration issues.

HB 1023 requires state agencies to verify the lawful presence of all applicants for public benefits. It has been determined that certain post secondary education benefits and institutions of higher education are included.

The implementation date for this requirement was August 1, 2006. As a result, proof of lawful presence will be required prior to registration.

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Who is required to show proof of lawful presence for House Bill 1023?

All students age 18 or older who apply to Aims Community College, or who apply for any state benefits (i.e., in-state tuition, some forms of institutional or state aid, etc.) on or after August 1, 2006, are subject to the requirements of HB06S-1023 legislation.

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What is considered a public benefit?

Some of the identified benefits include in-state tuition, some types of state or institutional financial aid, Military and Olympic Athlete tuition waivers, WUE/WICHE, departmental scholarships, Postsecondary Enrollment Options Act (PSEO) for anyone over the age of 18, or any other state-funded benefits that entail any payment or financial assistance, excluding employment benefits.

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What is required to prove lawful presence for House Bill 1023?

You will need to fulfill the following three steps:
  • Complete an affidavit stating that you are a US citizen, a legal permanent resident, or are otherwise lawfully present in the US pursuant to federal law.
  • Present a valid form of proof of citizenship or lawful presence.
  • Present a valid form of identification.
    Click here for a list of accepted forms of proof


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What if I don't have any of the appropriate identification for House Bill 1023?

Alternate Identification temporarily acceptable until July 1, 2007
___ Unexpired Permanent or Temporary Resident Alien Card
___ Certified U.S. Citizenship or Naturalization Document
___ Unexpired Foreign Passport (not U.S. Passport)
___ Valid Driver's License or State-issued Photo ID from one of the following states: AL, AZ, AR, CA, CT, DE, DC, FL, GA, ID, IN, IA, KS, KY, LA, ME, MN, MS, MO, MT, ND, NH, NJ, NV, NY, OH, OK, PA, RI, SC, SD, VA, WV, WY

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I am very busy. Do I really need to do this in person?

The State Attorney General requires that the agency or institution verify the authenticity and validity of the affidavit signature and ID. Because of this, it is necessary for the affidavit and ID to be submitted in person.

We apologize for any inconvenience that this might cause you. Signing the affidavit and providing a proper form of identification is a one-time requirement that will allow you to continue to receive the benefits at Aims for which you are entitled.

In most cases, you will not be required to provide this verification of lawful presence again unless you transfer to another school.

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May I fax a copy?

The State Attorney General requires that the agency or institution verify the authenticity and validity of the affidavit signature and ID. Because of this, it is necessary for the affidavit and ID to be submitted in person.

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I will not be able to satisfy the identification requirement but would be able to sign the affidavit. Would it be possible for me to sign the affidavit and have my hold taken off of my record?

These 2 items in conjunction are part of the admissions process. Both items must be satisfied before the hold is lifted.

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Will there be any consequences if I decide not to sign the affidavit?

If you refuse to verify your lawful presence and you sign a statement indicating your refusal, Aims will remove the registration hold but public benefits (in-state tuition or state or institution financial aid) will be removed and you will be billed for the full, non-resident tuition.

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