Bill aims to end in-state tuition fees for illegal immigrants
Stephen Wall, Staff Writer
Posted: 02/15/2010 05:30:45 PM PST


The days of taxpayer-subsidized college tuition could be coming to an end for tens of thousands of illegal immigrants.
Republicans in the House of Representatives have introduced a bill to close a loophole that California and nine other states have used to provide lower-cost college tuition to illegal immigrants.

Supporters of the legislation say it's wrong for illegal immigrants to pay the same tuition as legal immigrants and U.S. citizens to attend public colleges and universities.

"In-state tuition is a benefit paid for by each state's taxpayers in order to improve educational opportunities for their citizens," said Rep. Howard P. "Buck" McKeon, R-Santa Clarita, whose district includes Victorville and Barstow.

"Extending this benefit to students in this country illegally undermines efforts to crack down on illegal immigration and keep college affordable for American citizens and the immigrants who come here legally to pursue the best higher education system in the world," McKeon said.

The bill changes the 1996 Illegal Immigration Reform and Immigrant Responsibility Act to clarify that illegal immigrants who attend a postsecondary educational institution are ineligible for in-state tuition unless the institution offers those rates to all American citizens.

"You're telling me somebody who is an American citizen, was born here and parents pay taxes has to pay more than somebody here illegally. That's not right," said Rep. Gary Miller, R-Brea, whose district includes Chino and Chino Hills.
"We have a shortage of space for many students and you have limited dollars," he said. "With the dollars available, they should first be applied to people that are legally in this country and are citizens."

Rep. Jerry Lewis, R-Redlands, has not taken a position on the bill. As a Californian, Lewis opposes in-state tuition for illegal immigrants but is generally opposed to the federal government putting limits on state policies, said Jim Specht, his spokesman.

Rep. David Dreier, R-San Dimas, voted for the 1996 bill intended to deny in-state tuition for illegal immigrants. Dreier is reviewing the new measure and supports closing any loopholes in the law, said Jo Maney, his spokeswoman.

The bill, introduced in late January, provides out-of-state students with legal standing to file civil actions against states and institutions that violate the federal law.

The measure also bars any college or university that provides in-state tuition to illegal immigrants from receiving federal funds.

California, Illinois, Kansas, Nebraska, New Mexico, New York, Texas, Utah, Washington and Wisconsin allow illegal immigrants to pay in-state tuition.

California's law, which took effect in 2002, is being challenged in court by students from other states who say they were unfairly denied a benefit that was granted to illegal immigrants. The lawsuit is pending before the state Supreme Court.

There are 15,000 to 20,000 students in the state's community colleges receiving the break on fees. The University of California system has about 1,600 students using the benefit. The Cal State system does not track the number of students who pay in-state tuition.

Opponents of the bill say students who work hard and play by the rules shouldn't be punished for wanting a better future.

"If we allow kids to become productive students, they pay more in taxes and contribute to society," said Rep. Joe Baca, D-San Bernardino. "If we don't allow them to go to college, the burden falls on the rest of the taxpayers."

Baca has introduced his own bill to place qualified high school graduates in the country illegally on a fast track for citizenship.

"It would reduce our drop-out rate because more kids would have a reason to stay in school," Baca said. "It would have positive effects on society."

Alfonso Ortiz, a 20-year-old Cal Poly Pomona student who came to the United States illegally from Mexico when he was 4, said it would be nearly impossible to continue his studies if the bill becomes law. Illegal immigrants can't legally work and aren't eligible for government financial aid programs, making it hard to afford higher education, Ortiz said.

"Education is meant for everybody," said Ortiz, a San Bernardino resident who is studying mechanical engineering. "I don't see how it could be taken away from anyone. Since we are paying the money out of our own pocket, we should have the right to have a seat in any one of those classes."

Gil Navarro, a member of the San Bernardino County board of education, has worked for years to inform illegal immigrant students about opportunities for higher education.

"This bill imposes a mandate that would create a financial hardship on the state of California because of the loss of out-of-state tuition fees," Navarro said.

The Federation for American Immigration Reform, a Washington D.C.-based immigration-reduction organization, is helping to move the bill through Congress.

"This is the sort of issue that really hits the middle class," said Ira Mehlman, a spokesman for the group. "States like California are raising tuition through the roof and cutting admissions in the higher education system. Not only are they turning over seats to illegal aliens, they are requiring everybody else to subsidize those kids."



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