Thread: In Maryland, lawmakers revisiting immigration

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From the Baltimore Sun

In Maryland, lawmakers revisiting immigration
In-state tuition plan for those illegally in U.S. ignites debate

By Kelly Brewington
Sun reporter

February 25, 2007

As states nationwide are embroiled in battles over immigrants' rights, Maryland lawmakers are again wrestling with the contentious issue -- and showing signs of easing some restrictions.

The most recent flash point: a bill that would allow illegal immigrants to pay in-state tuition at Maryland colleges. Immigrant advocates think the bill has the best chance of passing in years. In 2003, the legislature approved the measure, but Gov. Robert L. Ehrlich Jr. vetoed it; this year, Gov. Martin O'Malley has pledged support.

Advocates view the endorsement as evidence of the new administration's embrace of immigrants regardless of their legal status. They say lawmakers seeking to clamp down on illegal immigration have taken notice and have pushed few get-tough provisions this session. An immigrants' rally is scheduled for tomorrow in Annapolis.

Eduardo Tapia, an illegal immigrant who lives in Hyattsville, said that if the legislature passes the in-state tuition bill, he could finally go to college.

"I have a dream that one day I might be sitting where you are," Tapia, 21, told a House of Delegates committee during a recent hearing on the tuition bill. "But I'm afraid that without college, all my dreams won't come true."

Opponents say they will continue to fight what they term a movement to make Maryland a "sanctuary state" for those who are in the country illegally.

"What we are doing is rewarding and providing benefits for people who broke the law," said Del. Patrick L. McDonough, a Republican from Baltimore County who has sponsored a bill that would make English the official language of his jurisdiction.

Still, immigrant advocates are sensing a more tolerant attitude toward immigrants among lawmakers.

"I think the climate has changed, and this body reflects what the majority of Marylanders think about immigration. We are an inclusive state," said Del. Victor R. Ramirez, a Prince George's County Democrat and sponsor of the in-state tuition bill. "Compared to four years ago, I think we're winning."

The opposing views exemplify the explosive battle being engaged in nationwide, as legislatures grapple with what to do about the country's estimated 12 million illegal immigrants. Maryland is home to about 250,000 illegal immigrants, according to a comprehensive Pew Hispanic Center report.

Last year, Congress debated several proposals, including creating a path to citizenship, classifying illegal immigrants as felons and erecting a costly fence along the Mexican border. Some of the more punitive proposals triggered large protests in U.S. cities such as Washington. Some advocates are optimistic that legislation in the Democratic-controlled Congress might break the deadlock.

In state capitals, legislatures considered 570 immigrant-related bills last year, including measures to limit public benefits to illegal immigrants; prevent them from obtaining employment licenses; and a few that sanction the deportation of undocumented immigrants found guilty of a crime, according to the National Conference of State Legislatures.

Although most of the bills were not enacted, they illustrate states' dissatisfaction with the federal government's failure to adopt enforceable and sensible immigration reform, said Demetrios Papademetriou, president of the nonpartisan Migration Policy Institute in Washington.

The most restrictive measures being considered this year have been concentrated in states with a sudden surge of illegal immigrants, he said.

In neighboring Virginia, the House of Delegates passed a measure to end support for charities that assist illegal immigrants, but it was defeated by a Senate committee, according to news reports.

By contrast, Maryland immigration debates have been less volatile because of its century-long immigrant history and a Democrat-controlled legislature that has been more inclusive of immigrant communities, Papademetriou said.

"Maryland seems to be taking a few deep breaths and saying, 'Let's be adults about it. Let's see what our neighbors in Washington are going to do. Let's not see this as a crisis and be deliberate,' " he said.

This year, Maryland lawmakers have introduced only a half-dozen bills related to illegal immigration. Nevertheless, two bills in particular have been contentious: the in-state tuition proposal and another that would prohibit illegal immigrants from obtaining driver's licenses.

Supporters of the tuition bill say that without in-state rates, talented would-be students such as Tapia would lose a shot at the American dream. Illegal immigrants are not eligible for government-funded financial aid.

In 2005, Tapia graduated from Bladensburg High School with top-notch grades and fluent English, four years after he fled the Mexican state of Puebla alone to join his older brother in Hyattsville.

On a visit to Prince George's County Community College, he envisioned his future: He would study education, teach English to non-native speakers and maybe one day become a politician and use his influence to champion immigrant rights.

But when Tapia learned that as an illegal immigrant he would be charged out-of-state tuition rates --about $1,000 per course -- he abandoned his ambitions.

Today, he works as a waiter in a seafood restaurant.

Del. Ron George, a freshman Republican from Anne Arundel County, said he worries the bill would cost the state too much and that illegal immigrant students would take enrollment slots away from deserving citizens.

State costs would increase by $1.1 million by 2012, according to a report by legislative analysts, which estimates about 400 illegal immigrants are now attending Maryland community colleges and paying out-of-state rates. It is not known how many students would apply if they were eligible for in-state rates.

George also worries that the bill would create an incentive for illegal immigrants to flock to Maryland.

"If Maryland makes it a lot easier, then we have an influx we can't absorb," he said. "You have schools at capacity, the demand on emergency rooms, traffic and the environment. I am not anti-immigrant; we just have to look at all the concerns."

Some lawmakers have vowed legal action if the bill passes.

"If all this pro-illegal immigration passes, as we think it will, we are going to have to take it to the courts," said McDonough.

He blamed O'Malley for welcoming illegal immigrants during his tenure as Baltimore mayor and now as governor.

"He pretty much put out a memorandum that said, 'Leave the illegals alone,' " said McDonough.

Rick Abbruzzese, an O'Malley spokesman, said the governor supports an effort that would allow more people to further their education.

"Governor O'Malley doesn't think we should establish policies that would create a permanent underclass of people within our society," Abbruzzese said.

The governor has not specified his view on an impending federal mandate that would overhaul the state's driver's licenses and prevent illegal immigrants from obtaining them.

The 2005 federal law, known as Real ID, gives states until 2008 to comply. But Maryland and other states have objected to the costs -- estimated at $11 billion nationwide -- and are considering resolutions to defy the law. Meanwhile, immigrant advocates have protested that the requirement would punish people seeking a better life and make roads less safe because people would drive without a license.

Maryland is one of a handful of states where illegal immigrants can obtain licenses, a fact that has long frustrated conservative lawmakers seeking to stem the tide. They hope Real ID propels the legislature to prohibit illegal immigrant drivers from obtaining licenses.

"We know illegals are coming from all over to get licenses here," said Sen. Janet Greenip, an Anne Arundel County Republican who sponsored the bill in the Senate. "Forbidding that is an essential part of Real ID, so why not implement it now?"

Since November, at least three people have been killed in Maryland vehicle accidents where the driver was an illegal immigrant, authorities say.

"People complain about the cost associated with implementing Real ID; well, it doesn't cost any money to legislate a legal presence requirement," said Del. Christopher B. Shank, the minority whip from Western Maryland.

Del. Ana Sol Gutierrez, a Democrat from Montgomery County, has urged the Motor Vehicle Administration not to act until the Department of Homeland Security issues regulations implementing the law this summer.

She and a handful of lawmakers, mostly from Montgomery County, which has Maryland's highest concentration of foreign-born residents, are endorsing a "two-tier" licensing system. Standard licenses would require proof of legal residency, while driving certificates could be issued to illegal immigrants.

The MVA has started preparing databases to comply with Real ID but has not ruled out the possibility of dual licenses.

"We are looking at that option and others and evaluating the full ramifications," said John T. Kuo, the MVA administrator.

Regardless of their stance on immigration, lawmakers tend to agree on one point: The federal immigration laws are broken, and it's become the unfortunate duty of state lawmakers to try to fix them.

"I think we are trying to deal with a failed federal program in a neutral way," said House Speaker Michael E. Busch, a Democrat from Anne Arundel County. "If the federal government would fix their own failed system, we wouldn't have to deal with it."

kelly.brewington@baltsun.com

The federal immigration laws are broken, and it's become the unfortunate duty of state lawmakers to try to fix them.

Geez, here we go again.

For the 100th time, the laws aren't broken - they are just ignored and not enforced!