Posted on 07/16/2007 8:26:09 AM PDT by george76
Congress is grappling with a hot button issue - immigration legislation that would make a college education tens of thousands of dollars cheaper for illegal students than U.S. citizens.
The controversy stems from the senate bill S.B. 2611, the so-called "DREAM Act," which would allow states to offer in-state tuition to illegal immigrants. Currently, that practice is banned under the federal Illegal Immigration Reform and Immigrant Responsibility Act of 1996. It prohibits public colleges from favoring undocumented students by offering them in-state tuition rates, unless those same rates are extended to all U.S. citizens regardless of their state of residency.
At a congressional hearing on Sept. 1 at the University of Northern Colorado, the U.S. House Committee on Education and the Workforce heard heated testimony both for and against the DREAM Act. At the center of the debate, whether there's discrimination if states offer a cheaper public college education to illegal immigrants.
"Not only does this grant preferential treatment to those in the country illegally, it also disrespects those who enter or are attempting to enter through legal processes," said State Rep. Cory Gardner (R-Yuma) at the hearing.
Currently, nine states have similar laws that allow illegal immigrants to attend public college at in-state tuition costs. The qualification process is based on their high school attendance, not their citizenship. Some out-of-state American students are suing in federal and state court, claiming the privilege is just another handout that short-changes American citizens.
(Excerpt) Read more at edfed.com ...
So they are breaking a federal law. Is this being litigated?
Here is the most recent article on the lawsuit I could find:
Out-of-state UC students keep pursuing lower fees
Group appeals decision to let undocumented immigrants pay in-state costs, citing unfairness
Jennifer Gottesfeld (Contact)
Published: Tuesday, October 24, 2006
A group of out-of-state students currently attending California public universities has appealed a court decision which allows undocumented immigrants living in California to pay in-state fees.
42 students and their parents sued the California public college and university systems last December, contending that California Assembly Bill 540, which allows students who attended high school in California for at least three years and received a graduation certificate in California to pay in-state tuition, violates federal law.
AB 540, in effect, allows undocumented students to attend California schools at in-state costs, which is the point of contention for the plaintiffs.
The students’ attorney, Michael Brady, argues that two federal laws passed in 1996 require that if undocumented immigrants are given in-state tuition, all out-of-state students must also be entitled to that tuition.
“The students are asking that they be given the benefit that Congress required since 2002,” Brady said. “That if UCLA gives in-state tuition to any illegal aliens it must give in-state tuition to all out-of-state students going there.”
Yolo County Superior Court Judge Thomas E. Warriner ruled in favor of the state’s college and university systems earlier this month.
The court concluded that AB 540 does not violate the federal law and instead operates within the federal framework, according to a University of California press release.
The specifics of the ruling have not yet been filed and the judge cannot comment until that time.
“This ruling allows the university to continue to provide access to a top-notch education to hundreds of deserving students,” said University Counsel Christopher Patti in the press release.
Brady did not see the Yolo County judge’s decision as final, as the decision will be appealed to an appellate court.
“The decision of the trial judge makes no difference,” he said. “The decision in the trial court only related to issues of law, not issues of fact.”
He added that he does not accept the trial judge’s ruling to be considered in the appellate judge’s ruling.
Kendra Fox-David of The Lawyers’ Committee for Civil Rights said they expected the judge to rule in their favor because AB 540 was carefully constructed to ensure that it did not violate federal immigration law.
Aaron Dallek, one of the plaintiffs and a UC Berkeley alumnus, is originally from Chicago, Ill. Dallek was required to pay out-of state tuition of over $20,000, in addition to room and board, while undocumented immigrants pay the California resident fee of about $7,000.
“American students are being treated four times worse by UCLA than illegal aliens,” said Brady. “It is one thing to treat an illegal alien equally, it’s another to treat a U.S. citizen four times worse.”
Dallek decided to join the lawsuit after finding out about it in an advertisement in the Berkeley newspaper.
“The reason I took part in this is not necessarily because I agree or disagree with the (national) law when it comes to illegal immigration,” he said. “I feel that there is a lack of accountability in our government today and I think it’s absolutely ridiculous what is allowed to go on in our government, and this is just a small example of it.”
But other out-of-state students said that they understand why they are paying out-of-state tuition while undocumented immigrants living in California get the opportunity to pay in-state tuition.
“I wish that I could pay the in-state tuition,” Daniel Meyer, a first-year political science student who is originally from Beverly, Mass., said. “But it’s understandable that illegal immigrants in California can pay in-state tuition because it’s not really about whether you live in America but whether or not you live in California.”
But some undocumented immigrants said that they are worried about what this legal challenge might mean for the undocumented immigrant student community.
“This is my last year, but I’m afraid for other students who could be affected by this lawsuit,” said Jose Perez, an undocumented immigrant from Mexico and a senior at UC Davis. “(AB 540) is what allows us to stay in school because we can’t receive any type of financial aid.
“I don’t understand why we should pay out-of-state tuition if we have been living in California our entire lives,” he added.
Illegals - just getting all the rights and perks our leaders don’t want us to have.
Here’s a nice break for illegal aliens in CO who want to go to college in NM for free
http://www.freerepublic.com/focus/news/1866603/posts?page=17
If that's the case, I sincerely doubt that they are college material.
"We can't afford to not let them live up their potential," said Josh Bernstein, federal policy director of the National Immigration Law Center.
You have it backward, Mr. Bernstein. It's up to them and their parents and to insure that they don't squander their own potential. It's not the job of the American taxpayer to take care of anyone who isn't supposed to be here in the first place.
Any idea on the status of the appeal? Amazing that the Cali courts said, basically, ignore this federal law. What if Wyoming took that approach to the Brady Bill?
The dream act is about making ANY attendee of the public schools an “anchor babby”.
Dream act is just as much a integral part of amnesty as any other effort.
Well, if I ever am in the position to get elected to the State House ;-) and this bill or anything like it comes before me, you can BET I will vote against it!
I knew there was a reason that I admire Lauzen... I wonder how those other “Republicans” would vote now??
Thanks
With their illegal degrees, can these illegals get professional jobs that might require state licensing and insurance ?
that’s a sore issue with me.
i moved out-of-state, got the driver’s license, voted, car registration, but didn’t get in-state tuition.
meanwhile, i as a kid i hoed beets and beans with mexicans.
i’m a second class citizen in my own country.
The Dream act is as crazy as the anchor baby concept.
These politicans care more for illegals than us citizens.
At least these illegals are headed the right direction. Colorado to NM.
Now they should move a few hundred more miles south.
How about we force those in congress to pay for this out of their own pockets.
They can sell their generous government pensions and benefits for .50cents on the dollar to pay for this.
Better yet, lets just fire all these people for even considering this.
Sorry : I do not.
” Any idea on the status of the appeal? “
I say it's only fair that if the government is going to give away in state tuition rates to illegal aliens, I think all American students who have paid out of state tuition fees in the last 10 ~ 12 years should be refunded any amount they paid over the in state tuition fees.
Sen Bayh, Evan [IN]
Sen Bingaman, Jeff [NM]
Sen Boxer, Barbara [CA]
Sen Cantwell, Maria [WA]
Sen Clinton, Hillary Rodham [NY]
Sen Craig, Larry E. [ID]
Sen Crapo, Mike [ID]
Sen Feingold, Russell D. [WI]
Sen Feinstein, Dianne [CA]
Sen Hagel, Chuck [NE]
Sen Kennedy, Edward M. [MA]
Sen Kerry, John F. [MA]
Sen Leahy, Patrick J. [VT]
Sen Lieberman, Joseph I. [CT]
Sen Lugar, Richard G. [IN]
Sen McCain, John [AZ]
Sen Menendez, Robert [NJ]
Sen Murray, Patty [WA]
Sen Obama, Barack [IL]
Sen Reid, Harry [NV]
This is really disgusting. I’m contemptuous of these a$$es who are supposed to be representative of the people, but are in it for themselves only. A pox on both houses.
If you want to block this bill, go to campaign appearances, ask the bill’s supporters about it, and publicize their responses. Here’s a question you can ask:
http://www.youtube.com/watch?v=Q_l4Lawj14A
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