Ruling on in-state tuition for illegal immigrants clarifies little
By EVA-MARIE AYALAeayala@star-telegram.com
Posted on Fri, Jul. 24, 2009

Both sides of the debate over in-state tuition for undocumented students claimed victory Friday after a ruling by Texas Attorney General Greg Abbott.

What’s clear is that it’s unclear who won.

State Rep. Leo Berman, R-Tyler, said it means the state’s offer of in-state tuition rates to illegal immigrants breaks federal law.

Berman asked for the ruling in September after an appeals court ruled that California law conflicted with federal law by allowing the "postsecondary education benefit" of in-state tuition for undocumented students.

"What the attorney general is saying is that if this went to court, it would be overturned like it was in California," Berman said.

But lawyers with the Mexican American Legal Defense and Educational Fund said the ruling means the practice is OK because Abbott did not say whether in-state tuition is a "postsecondary education benefit."

"The ruling was clear that the practice does not violate equal protection," attorney David Hinojosa said.

Tom Kelley, a spokesman for Abbott, said the office does not elaborate on opinions.

In 2001, Texas became the first state to offer illegal immigrants in-state tuition and state financial aid for college. To get it, students must have maintained Texas residency for three years before graduating from a Texas high school or receiving a diploma equivalent.

Abbott’s opinion says that state or federal courts could come to a similar conclusion as the California court but that those courts had not defined "postsecondary education benefit."

Berman said he intends to sue to clarify the law and to have it overturned.

"We can’t give in-state tuition to illegal aliens," Berman said. "I’m trying to deal with illegal aliens in Texas."

The Texas Higher Education Coordinating Board estimates that 2,850 undocumented students were enrolled in 51 state colleges and universities that responded to a student enrollment survey in fall 2006.


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