The issue of immigration has been one of the most debated issues in the history of United States. Since the mid 19th century, United States has enacted various laws aimed at curbing the rate of immigration and up to date, the status of immigrants remains contentious issue. United States remains a preferred country for many students in the world for its high quality of education. However, immigrants or alien students have faced a hard time in accessing higher education due to federal and state law which charge them higher out-of-state fee. While past Texas court ruling granted alien students the right to K-12 education, only ten states have passed laws granting them equal status to documented students in higher learning. Most alien students have hopes when they complete their primary education that they will get higher education but their undocumented states turns their aspiration to a nightmare. In higher education institutions, alien students are charged fees more than thrice what documented students pay. As a result, most talented alien students fail to secure higher education and remain as causal laborers in their life. The enactment of DREAM Act and other legislations life AB 540 in California will change the fortunes of alien students and create an avenue for them to access higher education. The country cannot close an eye on undocumented students since they can make great contribution to the country development.