NC State Reps respond to Comm College ruling for illegals

[usatime]

November 7, 2007

IMPORTANT INFORMATION
MEMORANDUM
TO: Presidents
VP/Deans of Instruction
VP/Deans of Student Development
VP/Deans of Continuing Education
Admissions Officers
Registrars
FROM: David J. Sullivan

SUBJECT: NEW GUIDANCE ON THE ADMISSION OF UNDOCUMENTED
INDIVIDUALS The System Office's guidance regarding the admission of undocumented individuals, as provided in CCO4- 171, has been found to be inconsistent with the N.C. Administrative Code. Accordingly, CCO4- 171 is hereby specifically superseded.

CCO4-171 is inconsistent with the N.C. Administrative Code in that the Code requires colleges to "maintain an open-door admission policy to all applicants who are high school graduates or who are at least 18 years of age." 23 NCAC 02C .0301 (emphasis added). A 1997 advisory opinion of the Attorney General interprets this regulation, in concert with other statutes and regulations, as one which denies colleges the authority to "impose nonacademic requirements on admissions to it programs." (Sic) Since CCO4-171 permits local Boards of Trustees to establish policies which exclude some applicants who are either "high school graduates or who are at least 18 years of age" based upon "nonacademic requirements", namely the student's immigration status, CCO4-171 is an incorrect interpretation of the State Board's regulations.
To comply with the State Board's regulation requiring an open-door admission policy to "all applicants" and notwithstanding any policy of the local board, colleges should immediately begin admitting undocumented individuals . Please know that undocumented individuals must be assessed tuition as "out-of-state" residents, subject to any tuition waivers granted by the General Assembly. For example, students enrolled in Learn and Earn programs enjoy a tuition waiver regardless of whether they are technically in-state or out-of-state.

Should you have any questions regarding this guidance, please feel free to contact me at
919-807-6961.

CC 07-275
E-mail and Paper Copies
DJS/may
----------------

*NOTE: This OCR representation of the original Sullivan Memorandum of Nov. 7, 2007 is presented here verbatum. The notation "(Sic)" refers to the use of the word "it" rather than "its" in the preceding sentence. The original Adobe Image File will gladly be Emailed to whomever makes a request to the office of either the Republican Leader of the House or Senate. http://ncrepublicans.blogspot.com/2007/ ... andum.html

Republican Leaders:

Illegal Aliens Should Not Be Admitted to State-Supported Community Colleges

Senate Republican Leader Phil Berger (R-Rockingham) and House Republican Leader Paul Stam (R-Wake) today expressed their displeasure with a decision issued by the legal counsel of North Carolina's Community College System requiring admission of illegal aliens to all 58 state-supported campuses.

In a memorandum dated November 7, 2007, and addressed to community college officials statewide, David J. Sullivan reversed earlier policy allowing "local choice" in admission of "undocumented individuals." The memo refers to state regulations that require schools admit students on the basic requirements of either graduating from high school or being 18 years of age. Each of the 58 community college campuses has been ordered by Sullivan to "immediately begin admitting undocumented individuals."
In response to the recent announcement by the state Community College System that illegal immigrants are eligible for admission to all of North Carolina's community colleges, Senator Berger made the following statement:
"I am disappointed that by bureaucratic decisions our Community College System will reward illegal activity and allow individuals who have broken the law to attend North Carolina's community colleges. Year after year community college administrators have assured Republican legislators that illegal aliens are not eligible for admission. We now learn that, all along, illegal aliens have been eligible and admitted."

"I can not decide whether I am more disturbed about the legal opinion or the past purposeful deception.

"The people of North Carolina have had enough of government officials saying one thing and doing another. They are especially tired of state officials claiming on the one hand that the illegal immigration problem is solely the result of failures at the Federal level while at the same time, by purposeful state action, North Carolina has encouraged illegal immigration with lax rules relating to driver's licenses and easy access to our already over burdened system of higher education."

"The current Republican administration in Washington has received justifiable criticism for its failures; it is past time that Democrats, in control of North Carolina's executive and legislative branches, are likewise held accountable."

Stam compared his displeasure over the state community college system's policy change with legislation ignored by state House Democratic leaders. "Obviously, if a citizen of another country is here legally, is on a visa to study or has been issued a Green Card, they should be granted admission to our community colleges,: Stam said.

"I supported Representative George Cleveland's bill, disallowing anyone in the United States unlawfully from attending any of the state's community colleges," Stam said. "That bill was assigned to Committee in March, and the House Democratic leadership ordered that the bill not be heard."
"We are also very disappointed," Stam said, "with a decision usurping authority previously held by local boards of trustees."

Phil BergerRepublican Leader
North Carolina Senate
1026 Legislative Building
Raleigh, NC 27601 - (919) 733-5708
Philbe@ncleg.net

Paul Stam
Republican Leader
North Carolina House of Representatives
613 Legislative Office Building
Raleigh, NC 27603 - (919) 733-2962
Pauls@ncleg.net / Interim Contact: (919) 362-8873

[ALIPAC]

added to homepage

http://www.alipac.us/article2750.html

[zeezil]

Keep in mind, Patriots...you do not need to live in North Carolina to make calls, e-mails, faxes, etc. I've had very few who I've called ask me my residency. Even if they do, tell them where you live and that you are outraged because this decision by North Carolina affects the entire nation by futher extending benefits to illegal aliens. It is pure and simple, aiding and abetting illegal aliens. Let them know the entire country is outraged! The more people that call overall, the better and those that call from outside the state need to let them know the entire country is WATCHING!!!

[zeezil]

Wanna take your outrage directly to the source?
Listed below is the miscreant lawyer for the North Carolina Community College System that provided the interpretation that they should all allow illegal aliens to attend college.

Call him, I did. I had a nice arguement with him over his decision for several minutes. Express your outrage and you won't believe how good you feel afterwards. He directly answers his phone, so you will be able to speak directly with him. It's fun to hammer the source!!!

North Carolina Community College Asociation
David Sullivan (the miscreant that made the actual decision)
Title: Assistant to President Legal Affairs
Phone: (919) 807-6961
sullivand@nccommunitycolleges.edu