I was reading around the other day about this for California universities. It seems their policy allows TPS beneficiaries to qualify for in-state tuition. Now, it's true that USCIS makes it very clear that DACA does not give one legal status, but seeing that the DACA benefit is pretty much a variation on TPS, I would not be surprised to see legislature in the near feature allowing in-state tuition for those who qualify for DACA as well, in CA and perhaps the more liberal states.

But, for now, yes -- you're dependent on what your state currently allows, a few of which states allow those who attended high school a certain number of years in that state to qualify for in-state tuition.