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Illegal Immigrants Get Aid To Go To College
AP ^ | 7/16/07 | Staff

Posted on 07/16/2007 6:54:05 AM PDT by Millee

At least 10 undocumented students from Colorado will get to attend classes at the University of New Mexico this fall, with many not having to pay for tuition or books.

A new Colorado law prohibits state colleges from providing in-state tuition to undocumented immigrants.

In New Mexico, the state is barred from denying education benefits based on immigration status, said Terry Babbitt, director of admissions for the University of New Mexico.

While New Mexico's state financial aid is intended for residents, Poudre High School counselor Isabel Thacker in Colorado found a way for her students to receive in-state tuition, plus scholarships to cover it.

"Students can enroll for up to six credit hours and get the in-state rate (at UNM)," said Alex Gonzalez, associate director of the scholarship office at UNM. "They can then go across the street to Central New Mexico Community College and enroll for another six hours and continue to pay the UNM in-state tuition rate. They then are counted as full-time UNM students."

A full year of tuition at UNM, or 12 credit hours per semester, costs $4,570.80, Gonzalez said. An institutional scholarship available to undocumented students covers $5,000 of their tuition and book expenses, meaning the students' costs for attending college would be minimal.

"The neat thing about the program at Poudre is that we have been able to open the door of opportunity for these students," said Thacker, a Cuban-born citizen who came to the United States with her parents when she was 9.

The four students who attended UNM through the program last year all earned a grade point average of at least 3.0, Thacker said. Students entering the program have an average GPA of 3.5, have taken advanced placement classes and were involved in extracurricular activities, Thacker said.

Nine undocumented students from Poudre High and one from Fort Collins High School will attend UNM in the fall through the program.

Former Colorado Senate President John Andrews, who backed the campaign to deny certain services to illegal immigrants in Colorado, said he was concerned about the program.

"Now that a high school graduate is of age, they are recognized as young adults and they become responsible for their own action," he said.

"The only law-abiding choice that a young person like this can make is to return to their country of origin after graduating high school. I don't think that we are doing a high school graduate any favors by sending him or her the message that breaking the law benefits themselves. I believe in the letter of the law, and I am deeply troubled by this program," Andrews said.


TOPICS: Culture/Society; US: New Mexico
KEYWORDS: academia; aliens; colorado; illegalimmigration; immigrantlist; invasion; morethanequalrights; newmexico; students; undocumented; youpaidforthis
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Citizens need not apply. (gggrrrrr)
1 posted on 07/16/2007 6:54:07 AM PDT by Millee
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To: Millee

If I declared my wife and my son to be illegal immigrants, would they qualify then?


2 posted on 07/16/2007 6:56:43 AM PDT by Hegemony Cricket (You can take the boy out of the country, but you just can't get the smell off his shoes.)
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To: Millee
Sadly, there are a whole lot of US citizens, ages 18-22, people who are shouldering crippling college loans, but who would gladly march in the streets to demand free education for anyone who is not a citizen and who is, in fact, a criminal.

I weep for my country.

3 posted on 07/16/2007 6:58:24 AM PDT by ClearCase_guy (Progressives like to keep doing the things that didn't work in the past.)
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To: Millee

I wish I were an illegal, free healthcare, no taxes and free college tuition, all for breaking the law. What a great system that rewards criminals. Geez.


4 posted on 07/16/2007 6:58:25 AM PDT by Clam Digger
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To: Millee

Nothing but bill richardson handing out gubmint $$$ to cousins!

LLS


5 posted on 07/16/2007 6:59:44 AM PDT by LibLieSlayer (Support America, Kill terrorists, Destroy dims!)
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To: Millee
It's time for the federal government to strictly enforce immigration laws icluding the one below.


Excerpts from the U.S. legal code referring to hiring illegal aliens.*

Federal Immigration and Nationality Act

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) Recruitment and Employment of Illegal Aliens Encouraging and Harboring Illegal Aliens Enforcement RICO —Citizen Recourse Tax Crimes Comment

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) "Any person who . . . encourages or induces an illegal alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each illegal alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

· assists an illegal alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or · encourages that illegal alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or · knowingly assists illegal aliens due to personal convictions. ·

Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.

Recruitment and Employment of Illegal Aliens

It is unlawful to hire an alien, to recruit an alien, or to refer an illegal alien for a fee, knowing the illegal alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an illegal alien knowing that the illegal alien is unauthorized to work.

It is unlawful to hire any individual for employment in the United States without complying with employment eligibility verification requirements. Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with three days' advance notice, the forms must be made available for inspection. Employment includes any service or labor performed for any type of remuneration within the United States, with the exception of sporadic domestic service by an individual in a private home. "Day laborers" or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law. An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verification of authorization to work, employer also means an independent contractor, or a contractor other than the person using the illegal alien labor.

The use of temporary or short-term contracts cannot be used to circumvent the employment authorization verification requirements. If employment is to be for less than the usual three days allowed for completing the I-9 Form requirement, the form must be completed immediately at the time of hire.

An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts. Constructive knowledge constituting a violation of federal law has been found where (1) the I-9 employment eligibility form has not been properly completed, including supporting documentation, (2) the employer has learned from other individuals, media reports, or any source of information available to the employer that the alien is unauthorized to work, or (3) the employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal alien into the employer's work force. Knowledge cannot be inferred solely on the basis of an individual's accent or foreign appearance.

Actual specific knowledge is not required. For example, a newspaper article stating that ballrooms depend on an illegal alien work force of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred.

It is illegal for nonprofit or religious organizations to knowingly assist an employer to violate employment sanctions, regardless of claims that their convictions require them to assist illegal aliens. Harboring or aiding illegal aliens is not protected by the First Amendment. It is a felony to establish a commercial enterprise for the purpose of evading any provision of federal immigration law. Violators may be fined or imprisoned for up to five years.

Encouraging and Harboring Illegal Aliens

It is a violation of law for any person to conceal, harbor, or shield from detection in any place, including any building or means of transportation, any illegal alien who is in the United States in violation of law. Harboring means any conduct that tends to substantially facilitate an alien to remain in the U.S. illegally. The sheltering need not be clandestine, and harboring covers aliens arrested outdoors, as well as in a building. This provision includes harboring an alien who entered the U.S. legally but has since lost his legal status.

An employer can be convicted of the felony of harboring illegal aliens who are his employees if he takes actions in reckless disregard of their illegal status, such as ordering them to obtain false documents, altering records, obstructing INS inspections, or taking other actions that facilitate the alien's illegal employment. Any person who within any 12-month period hires ten or more individuals with actual knowledge that they are illegal aliens or unauthorized workers is guilty of felony harboring. It is also a felony to encourage or induce an alien to come to or reside in the U.S. knowing or recklessly disregarding the fact that the alien's entry or residence is in violation of the law. This crime applies to any person, rather than just employers of illegal aliens. Courts have ruled that "encouraging" includes counseling illegal aliens to continue working in the U.S. or assisting them to complete applications with false statements or obvious errors. The fact that the alien is a refugee fleeing persecution is not a defense to this felony, since U.S. law and the UN Protocol on Refugees both require that a refugee must report to immigration authorities without delay upon entry to the U.S.

The penalty for felony harboring is a fine and imprisonment for up to five years. The penalty for felony alien smuggling is a fine and up to ten years' imprisonment. Where the crime causes serious bodily injury or places the life of any person in jeopardy, the penalty is a fine and up to twenty years' imprisonment. If the criminal smuggling or harboring results in the death of any person, the penalty can include life imprisonment. Convictions for aiding, abetting, or conspiracy to commit alien smuggling or harboring, carry the same penalties. Courts can impose consecutive prison sentences for each alien smuggled or harbored. A court may order a convicted smuggler to pay restitution if the illegal alien smuggled qualifies as a victim under the Victim and Witness Protection Act. Conspiracy to commit crimes of sheltering, harboring, or employing illegal aliens is a separate federal offense punishable by a fine of up to $10,000 or five years' imprisonment.

Enforcement

A person or entity having knowledge of a violation or potential violation of employer sanctions provisions may submit a signed written complaint to the INS office with jurisdiction over the business or residence of the potential violator, whether an employer, employee, or agent. The complaint must include the names and addresses of both the complainant and the violator, and detailed factual allegations, including date, time, and place of the potential violation, and the specific conduct alleged to be a violation of employer sanctions. By regulation, the INS will only investigate third-party complaints that have a reasonable probability of validity. Designated INS officers and employees, and all other officers whose duty it is to enforce criminal laws, may make an arrest for violation of smuggling or harboring illegal aliens.

State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws. Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens. Hispanic appearance alone is not sufficient. Immigration officers and police must have a valid warrant or valid employer's consent to enter workplaces or residences. Any vehicle used to transport or harbor illegal aliens, or used as a substantial part of an activity that encourages illegal aliens to come to or reside in the U.S. may be seized by an immigration officer and is subject to forfeiture. The forfeiture power covers any conveyances used within the U.S.

RICO —Citizen Recourse

Private persons and entities may initiate civil suits to obtain injunctions and treble damages against enterprises that conspire to or actually violate federal alien smuggling, harboring, or document fraud statutes, under the Racketeer-Influenced and Corrupt Organizations (RICO). The pattern of racketeering activity is defined as commission of two or more of the listed crimes. A RICO enterprise can be any individual legal entity, or a group of individuals who are not a legal entity but are associated in fact, and can include nonprofit associations.

Tax Crimes

Employers who aid or abet the preparation of false tax returns by failing to pay income or Social Security taxes for illegal alien employees, or who knowingly make payments using false names or Social Security numbers, are subject to IRS criminal and civil sanctions. U.S. nationals who have suffered intentional discrimination because of citizenship or national origin by an employer with more than three employees may file a complaint within 180 days of the discriminatory act with the Special Counsel for Immigration-Related Unfair Employment Practices, U.S. Department of Justice. In addition to the federal statutes summarized, state laws and local ordinances controlling fair labor practices, workers compensation, zoning, safe housing and rental property, nuisance, licensing, street vending, and solicitations by contractors may also apply to activities that involve illegal aliens.

Comment:

A comment and a published quote by Robert Gaffney, Attorney and County Executive of Suffolk County, LI, NY:

The statutory foundation of United States immigration law has always been the jurisdiction of the federal government, Congress and the federal courts. The preeminent laws concerning the employment of illegal aliens are found in the Immigration and Nationality Act (8 U.S.C. §~ 1101-1503), as amended by the Immigration Reform and Control Act of 1986 CIRCA).

The law states it is a crime to assist an illegal alien who lacks employment authorization by referring him to an employer, or by acting as his or her employer, or as an agent for an employer. 8 U.S.C.S. § 1324a(a)(1)(A) (Lexis 1997). Furthermore, it is unlawful to hire an individual for employment without complying with the employment eligibility requirements for every person hired. 8 U.S.C.S. § 1324a(a)(l)(B) (Lexis 1997). Moreover, conduct tending substantially to facilitate illegal aliens remaining in the United States illegally, where there is knowledge or a reckless disregard of an illegal alien s unlawful status, is a crime, with escalating penalties, encompassed within the provisions of 1324. 8 U.S.C.S. § 1324(a)(l)(A)(iii) (Lexis 1997); United States v. Kim. 193 F-3d 567 (2d Cir. 1999), are considered employees for purposes of immigration law.
6 posted on 07/16/2007 7:00:40 AM PDT by Man50D (Fair Tax, you earn it, you keep it!)
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To: Millee

“At least 10 undocumented students from Colorado will get to attend classes at the University of New Mexico this fall, with many not having to pay for tuition or books.”

Good opportunity for the INS to pay a visit to the University of New Mexico


7 posted on 07/16/2007 7:03:55 AM PDT by ScottfromNJ
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To: Millee
In New Mexico, the state is barred from denying education benefits based
on immigration status, said Terry Babbitt, director of admissions for
the University of New Mexico.


So I guess if I'm a legal US resident and long-term resident of
oh, let's say, Oklahoma, I'm sure I can just pick up and move to
New Mexico and get the same freebies.

I suspect the answer to that is NO.

When it comes to illegal immigration:
"Some animals are more equal than others".
8 posted on 07/16/2007 7:13:41 AM PDT by VOA
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To: Hegemony Cricket

Courtesy of the Peter Boyles Show — KHOW 630 AM — Denver

Dear Elected Official,

As a native Coloradoan and excellent customer of the Internal Revenue Service, I am writing to ask for your assistance. I have contacted the Department of Homeland Security in an effort to determine the process for becoming an illegal alien and they referred me to you.

My primary reason for wishing to change my status from U.S. Citizen to illegal alien stem from the bill which was recently passed by the Senate and for which you voted. If my understanding of this bill’s provisions is accurate, as an illegal alien who has been in the United States for five years, all I need to do to become a citizen is to pay a $2,000 fine and income taxes for three of the last five years. I know a good deal when I see one and I am anxious to get the process started before everyone figures it out.

Simply put, those of us who have been here legally have had to pay taxes every year so I’m excited about the prospect of avoiding two years of taxes in return for paying a $2,000 fine. Is there any way that I can apply to be illegal retroactively? This would yield an excellent result for me and my family because we paid heavy taxes in 2004 and 2005.

Additionally, as an illegal alien I could begin using the local emergency room as my primary health care provider. Once I have stopped paying premiums for medical insurance, my accountant figures I could save almost $10,000 a year. Another benefit in gaining illegal status would be that my daughter would receive preferential treatment relative to her law school applications, as well as “in-state” tuition rates for many colleges throughout the United States for my son.

Lastly, I understand that illegal status would relieve me of the burden of renewing my driver’s license and making those burdensome car insurance premiums. This is very important to me given that I still have college age children driving my car.

If you would provide me with an outline of the process to become illegal (retroactively if possible) and copies of the necessary forms, I would be most appreciative. Thank you for your assistance.

Your Loyal Constituent,

(and hopefully an illegal one)


9 posted on 07/16/2007 7:16:03 AM PDT by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
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To: Millee
Citizens need not apply. (gggrrrrr)

Hopefully that professor from UMKC (University of Missouri
at Kansas City) will be able to continue and win his lawsuit for
the unlawful violation of the provision that says the guvmint
must extend the same benefits to LEGAL US residents that it gives
to ILLEGAL IMMIGRANTS.

I apologize, but I can't remember the name of the professor.
But as I've seen him only on FOX NEWS, my guess is that he's on
the right track.

(IIRC, "comprehensive immigration reform" had a legislative provision
that would make his lawsuit 'null and void'.)
10 posted on 07/16/2007 7:18:04 AM PDT by VOA
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To: Millee
undocumented students

A new one to add to the Orwellian lexicon to describe illegal aliens. What's next, undocumented terrorists?

11 posted on 07/16/2007 7:19:52 AM PDT by kabar
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To: Millee

So, Colorado kids, or kids from anywhere, just have to claim to be illegal aliens to get reduced tuition in New Mexico. Every out-of-state student should claim to be illegal. There is no way they can check up on it, and if they did, so what? Residency and citizenship laws mean nothing, and I would enjoy seeing them reject some Utah or Arizona kid because he or she is an American citizen. What good reading that would make. High school counselors all over the country should be rounding up kids and getting them that instate status and financial help. Having trouble affording college? Come to New Mexico. They don’t call it the Land of Enchantment for nothing.


12 posted on 07/16/2007 7:26:28 AM PDT by 3AngelaD (They screwed up their own countries so bad they had to leave, and now they're here screwing up ours)
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To: Millee

So the government is actively trying to transform the USA from predominantly Christian/Jewish from Europe, to something else. Who’s surprised?


13 posted on 07/16/2007 7:29:47 AM PDT by Leftism is Mentally Deranged
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To: ClearCase_guy

nope.. the 18-22 year olds haven’t touched their loans, they won’t start paying for them until after they graduate.
oce they realize what they’re getting stuck with, they quit supporting free money for illegals.


14 posted on 07/16/2007 7:33:05 AM PDT by absolootezer0 (Stop repeat offenders. Don't re-elect them!)
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To: MrB

I’m a big Peter Boyles fan, he’s a bulldog on illegal immigration.

Here’s a link to the story he was talking about this morning.

http://www.freerepublic.com/focus/f-chat/1866619/posts


15 posted on 07/16/2007 7:37:19 AM PDT by Millee (Tagline free since 10/20/06)
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To: Millee

“Give them anything they want” seems to be the catch phrase of our ludicrous politicians....Why not give each family a Lexus while your at it you dumbass buffoons?


16 posted on 07/16/2007 8:00:26 AM PDT by AngelesCrestHighway
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To: 3AngelaD

“Having trouble affording college? Come to New Mexico. They don’t call it the Land of Enchantment for nothing”

Hmmmmmmmmmmmmmmmmmmmmmmmmm

The place dreams are made of ....What Dreams May Come ...

One DREAM Act ...coming right up

/s


17 posted on 07/16/2007 9:09:01 AM PDT by Tennessee Nana
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To: Millee
"The neat thing about the program at Poudre is that we have been able to open the door of opportunity for these students," said Thacker, a Cuban-born citizen who came to the United States with her parents when she was 9.

Seeing the gratitude that this Cuban displays, the contempt for our laws and the facility for gaming the good intentions of the American people, make me believe that America would be better off if her parents had never left Cuba...

Just saying.

18 posted on 07/16/2007 9:19:48 AM PDT by Publius6961 (MSM: Israelis are killed by rockets; Lebanese are killed by Israelis.)
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To: Millee
"Students can enroll for up to six credit hours and get the in-state rate (at UNM)," said Alex Gonzalez, associate director of the scholarship office at UNM. "They can then go across the street to Central New Mexico Community College and enroll for another six hours and continue to pay the UNM in-state tuition rate. They then are counted as full-time UNM students."

"Well isn't that special!"


19 posted on 07/16/2007 9:22:17 AM PDT by COBOL2Java (The Democrat Party: radical Islam's last hope)
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To: Tennessee Nana

Looky here what I found..the DREAM Act...

http://www.freerepublic.com/focus/f-news/1866655/posts


20 posted on 07/16/2007 9:24:57 AM PDT by Tennessee Nana
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