WTF!!!!

Advocate: N.C. insults Hispanic students

WASHINGTON - While other states struggle with the issue, North Carolina alone is moving ahead with an interpretation of a federal law that the state says bars illegal immigrants from attending community colleges, even if the students pay more than the cost of their education.

The new policy, approved May 13 by the North Carolina Community College System, comes after six months of political and legal controversy on the topic, but it is unlikely to be the last word in an area where federal courts and immigration officials have offered little guidance to states.

Practically speaking, the decision's effect will be limited. It doesn't apply to students attending English as a Second Language classes or vocational training, for instance. According to the community-college system, 112 North Carolina community-college students who pursued academic credit last year -- out of 296,520 -- likely were illegal immigrants.

But symbolically, the policy is "insulting" to Hispanics, said Tony Asion, executive director of El Pueblo, a Raleigh-based nonprofit group focused on developing the Hispanic community. He pointed out that, before the change, undocumented students were allowed to enroll but had to pay higher out-of-state tuition. Other North Carolina residents get a discount.

Admitting such students "isn't taking any money from anyone. It isn't taking any [class] space from anyone. The reason [for the change] is: 'We just don't want these people in our schools,' " Asion said.

Politically, the issue has been explosive, pitting outgoing Gov. Mike Easley, a Democrat who supports allowing illegal immigrants in the schools, against the entire field of candidates vying to succeed him, both Democrats and Republicans. And the community colleges' position is now at odds with the policy of the 16-campus University of North Carolina system, which still admits undocumented students.

Legally, the question of whether states can admit illegal immigrants to state colleges -- or to give them in-state tuition, as 10 other states do -- continues to confound officials across the country.

Lawmakers in Virginia and Missouri unsuccessfully tried this year to prevent illegal immigrants from signing up for classes at any state college, and out-of-state students are suing Kansas and California for giving in-state status to illegal-immigrant students.

On the one hand, children who are in the country illegally are entitled to free school from kindergarten through high school, according to a 1982 U.S. Supreme Court decision.

But a 1996 federal law limits states from giving benefits to older undocumented students that they don't offer to U.S. citizens. But what the law means when it mentions a benefit is not clear, lawyers say.

The best hope for settling the matter may be the Kansas case, now on appeal to the U.S. Supreme Court. In that case, a Missouri student is challenging the state of Kansas law for favoring in-state illegal immigrants over out-of-state U.S. citizens, an alleged violation of the 1996 law.


http://www.orlandosentinel.com/services ... 9533.story