Thread: CO - Another guilt trip, anyone?

Another guilt trip, anyone?

By Al Knight
Posted: 03/08/2009 12:30:00 AM MST


This year's legislative attempt to make in-state college tuition rates available to illegal immigrants in Colorado is wrong on so many levels it is hard to know where to begin.

At a minimum, the state faces more urgent matters. Instead of looking for ways to increase the budget, it should be looking for ways to reduce it. But there are other compelling reasons to oppose it.

The proposed legislation is an attempt to exploit a misplaced sense of collective guilt. Proponents of Senate Bill 170 whine that without in-state tuition rates, the children of illegal immigrants will be punished for the acts of their parents.

This is an old argument dating back at least a quarter century. The Supreme Court, in a 5-4 decision written by Justice William Brennan in 1982, barred Texas from withholding free elementary and secondary education to the children of illegal immigrants. That decision is why no U.S. school district can even look into the immigration status of its students, no matter how severely it is impacted by a growing immigrant population.

The majority in that court case essentially ruled that the acts of the parents (who entered the nation illegally) couldn't be visited upon the children. We are stuck with the court's precedent — but that doesn't mean that this class of students is endlessly entitled to the benefits of citizenship.

There is a federal law that prevents a state from granting in-state tuition benefits to illegal immigrants unless those benefits are also given to any out-of-state student. Nine states, led by California, have decided to challenge the intent and spirit of that law. In January, the California Supreme Court agreed to hear a case later this year filed by a Nevada student who claims in-state tuition rates for immigrants violate his rights under the federal statute.

Apparently legislators in Colorado haven't noticed these warning signs and are willing to enter a legal thicket where the financial impact could be very great, wiping out the difference between in-state and out-of-state tuition. The central question is why Colorado, in the absence of federal policy, should confer financial benefits upon the children of illegal immigrants.

Many other states have noticed the danger signs and budget implications and are not rushing to change existing law pending the outcome of the California case. Colorado should do the same.

The Supreme Court noted in its 1982 decision that the federal government hasn't done a good job legislating in the area of immigration policy. Surely that can no longer be an excuse. A piece-meal approach by state legislatures, especially in the face of current federal policy, is not a good way to tackle any problem. Congress is responsible for immigration policy.


http://www.denverpost.com/headlines/ci_11847878

This is madness!!! illegal means illegal!!!! No Benefits!!!

Originally Posted by 93camaro

This is madness!!! illegal means illegal!!!! No Benefits!!!

If you go to the comments at the link, you'll see that (not surprisingly) the majority of other Americans agree with you.