Thread: One more challenge for undocumented university students

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One more challenge for undocumented university students

By Eugenia Miranda
emiranda@atlantalatino.com
07/20/2006
Undocumented students not only face the challenge of getting good grades to stay in college, but they also dream of getting a scholarship, federal loan or in-state tuition to continue working toward a degree.

However, they might just have to let go of that dream. In Georgia, undocumented students will now have to factor in another barrier in the equation: SB 529.

In response to the approval of the Georgia Security and Immigration Compliance Act (SB 529) last April, the Board of Regents of the University System of Georgia is considering a policy that would prohibit undocumented students from receiving federal and state financial aid, residency classification for in-state tuition and tuition differential waivers.

The Atlanta office of the Mexican American Legal Defense and Educational Fund (MALDEF) has challenged a similar case where undocumented students have been prohibited from attending state universities, but plans to challenge this policy initiative through administrative and legislative avenues.

Tisha Tallman the regional counsel for MALDEF in Atlanta said, “It’s very disappointing and very scary, because we know that there are many boards and commissions that offer services to undocumented people but are re-considering policy based on legislation.”

A memorandum sent on June 8, 2006 by Senior Vice Chancellor Corlis P. Cummings states that changes in policy would be to comply with SB 529 and the federal Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) of 1996 by July 1, 2007. The memo states that the regulation of educational services falls under the umbrella of regulation of “public services” referenced in section nine of SB 529.

“They are using SB 529 as an opportunity to take a look at the federal law once again. The federal law has not changed, and there are some states that provide in-state tuition to undocumented students,” said Tallman.

While the memo describes possible policy changes, it was written only to initiate a discussion for the presidents’ meeting, which took place July 6. Nothing was decided at the presidential meeting.

The next Board of Regents meeting will be open to anyone of the general public that has business with the board and will take place at 270 Washington St. on August 8 and 9 starting at 1 p.m. and 9 a.m., respectively.

Tallman plans to present a memo at this meeting so that they can consider other legal interpretations of the state and federal laws when making decisions on university policy for next year. “What some states have done is sent out the requirements for residency. They have created ways for kids to receive in-state tuition based on certain guidelines,” said Tallman.

STRUGGLING FOR A FUTURE

Many students achieve their goal of finishing college with the help of waivers, that is the case of Mario Lopez, 24, an undocumented student at Georgia Institute of Technology working on a bachelor’s degree. He stated, “What a waiver does is it lowers 75 percent of the tuition. I am still receiving a waiver from Georgia Tech that pays a great deal of money.”

Four percent of the University of Georgia’s incoming freshman class receives a presidential waiver. “We know that the University of Georgia has used the presidential waiver in the past to award in-state tuition for undocumented students,” stated Tallman.

Tom Jackson the vice president for public affairs of the University of Georgia, said that UGA will not be affected as much as Southern Polytechnic State University, Dalton State University, or Gainesville State College.

“Gainesville College does not have many requirements to receive waivers,” said Lopez who used waivers to earn an associate’s degree at Gainesville College.

STATES LEGISLATURES

As of May 2006, 18 other state legislatures are debating similar policy measures to prohibit undocumented students from receiving in-state tuition, tuition waivers or financial aid.

Ten states (Texas, California, Utah, New York, Washington, Oklahoma, Illinois, Kansas, New Mexico, Nebraska) have passed laws that allow undocumented students in-state residency classification, said Ann Morse program director of the Immigrant Policy Project and Hunger and Nutrition Partnership at the National Conference of State Legislatures.

When asked if the board will consider policies adopted in other states the office of Corlis P. Cummings responded, “The Board of Regents constantly monitors laws in other states on a wide range of issues affecting higher education, and within the context of Georgia law as it compares with the laws of other states.”

State legislatures, public commissions and boards all across the country have responded to this issue because of state budget cuts at universities in recent years and concerns about foreign students after the terrorist attacks of September 11th.

The Urban Institute, a non-partisan economic and social policy research organization in Washington, calculated that these policy measures affect about 60,000 students nationally each year, or .75 percent of the undocumented immigrant population (with five or more years of residence).

Though allowing in-state tuition for undocumented students would affect a small percentage of individuals, an even smaller percentage would be affected by allowing tuition differential waivers, said Tallman. Not many students know about tuition waivers, said Lopez. He added, “I really believe that the student who wants to study will do it. Of the people that I know, they find the way to study.”

The name of Mario Lopez has been changed to respect his right of privacy

Though allowing in-state tuition for undocumented students would affect a small percentage of individuals, an even smaller percentage would be affected by allowing tuition differential waivers, said Tallman. Not many students know about tuition waivers, said Lopez. He added, “I really believe that the student who wants to study will do it. Of the people that I know, they find the way to study.”

But the ILLEGALS sure know about the WAIVERS & how to MILK THE SYSTEM!!