Thread: CA: In-state college tuition to illegal immigrants law stirs

In-state college tuition to illegal immigrants law stirs debate
Stephen Wall, Staff Writer
Posted: 12/06/2009 06:01:40 AM PST

At a time of unprecedented peril for the state's education system, a growing number of school districts are going the extra mile to promote a law that allows illegal immigrant students to receive subsidized tuition at California colleges and universities.

The move is viewed by some state lawmakers and others as wasting scarce tax dollars on a program that benefits illegal immigrants at the expense of legal residents and U.S. citizens.

Last year, state Republican lawmakers proposed abolishing the nearly 8-year-old law as part of a package of spending cuts to balance the budget. Repealing the law would have saved $75 million, according to Republican legislators. The attempt to get rid of the law failed, but some still want to eliminate it.

"I think it's a misuse of resources," Sen. Bob Dutton, R-Rancho Cucamonga, said of the law. "A lot of school districts aren't doing a very good job with the kids they have now. They need to focus their limited resources on the fundamentals, not reaching out to illegal immigrants."

The law is also being challenged in the courts.

In 2005, students who were legal residents of other states filed a class-action suit against the California public college and university systems. The students maintain they were unfairly denied a benefit that was granted to illegal immigrants.

Last year, the state appellate court agreed, saying the law "thwarts the will of Congress."

The University of California appealed the decision to the California Supreme Court, which agreed to hear the case. The law remains in effect until resolved by the courts.

Meanwhile, Latino activist Gil Navarro, a member of the San Bernardino County Board of Education, is leading a renewed push to get the word out about the law known as Assembly Bill 540.

The law enables undocumented students to pay the same college tuition fees as California residents if they meet the following criteria:

Attend a California high school for at least three years;

Graduate from a California high school;

Register or enroll at a higher education institution in California;

File a form with the college or university stating they will apply for legal immigration status as soon as they are eligible.

There are about 15,000 to 20,000 students in the state's community colleges receiving the tuition break. The UC system has about 1,600 students using the benefit. The Cal State system does not track the number of students who take advantage of the law.

The San Bernardino County Superintendent of Schools last year put out a "Know your Rights" brochure explaining the law. It is available through the department's Parent Information Resource Center.

The San Bernardino City Unified School District also published a similar brochure for the families of immigrant students.

In recent weeks, Navarro has pushed two other districts with large immigrant student populations to do additional outreach.

The Colton Joint Unified School District in September unanimously approved a student intern program to inform high school students about the law.

Under the program, which is expected to start Jan. 1, the district will hire qualified Colton and Bloomington high school students as well as college students who graduated from those schools. The students will serve as mentors for their peers and educate them about college opportunities.

The intern program will cost about $25,000, with the money coming from district and grant funds, said Colton school board member Mel Albiso.

The program will be open to all students, not just those without documents, he said.

"Our legal mandate by the federal government is to educate all children," Albiso said. "We cannot say if they're legal or illegal here. We're not the immigration service."

Albiso said the program is another way to help the district meet a state mandate to improve test scores for English Language Learners, who make up about one-quarter of the student population.

"We should have targeted programs for those that are hurting the most," he said. "Some of these students wonder what the motivation is to stay in school if they know they can't go anywhere after they graduate."

Luis Galicia is one undocumented student who is not easily discouraged.

When he arrived in the United States seven years ago, the 17-year-old Mexican immigrant said he knew four words of English: Hi, bye, cookies and juice.

Today, he is a high school honor student taking advanced courses in economics, political science, physics and French.

The Colton High School senior had a 4.3 grade point average last semester. Luis wants to attend a top-notch university next year and become a computer engineer.

"My parents always told me that education is the most important thing," he said. "The more you educate yourself, the less trouble you're going to have economically or in other aspects of your life later on."

Navarro told Luis about the law enabling him to pay discounted tuition at a state college or university. His two older sisters, who are also undocumented, attend San Bernardino Valley College.

The Galicia family is helping spread the word about the law to other students in similar situations.

"Most of us didn't have the chance to decide whether we wanted to come here," Luis said. "We were little and did what our parents told us. We didn't come to steal jobs or education or all that. We want to be part of the culture and be treated as such."

The Rialto Unified School District is also taking an extra step to promote the higher-education options available to all students.

The district plans to print and mail brochures about the law to parents of the nearly 1,800 immigrant students in the district. The cost hasn't been determined, but it isn't expected to be more than a few hundred dollars, officials said.

"We truly believe in providing the most opportunities for our students," said Lupe Andrade, the district's director of English learner programs. "We're about helping people be successful. Some of these students are incredibly bright and talented and have a lot to offer our society."

But some wonder whether the state can afford to continue educating illegal immigrants. California State University and University of California campuses are straining under student fee hikes, staff and faculty furloughs and deep cuts in enrollment.

The 22 campus Cal State system is slashing its budget by $584 million this year and reducing enrollment by 40,000 students in the next two years.

Critics say allowing illegal immigrants to pay discounted college tuition means fewer opportunities and less financial aid for U.S. citizens and legal immigrants. They also say it costs taxpayers substantially more to educate illegal immigrants who pay the same amount as California residents.

The value of tuition waivers granted under the law likely exceeds $100 million a year, according to the state Legislative Analyst's Office.

"There's only a fixed number of college admission slots and in-state tuition costs are rising," said Bob Dane, a spokesman for the Federation for American Immigration Reform, which strives to end illegal immigration. "Every time you admit an illegal alien to college, an American student and legal resident is turned away. It's fundamentally unfair."

College officials hold a different view.

"There is no evidence to show the law is impacting the system," said CSU spokeswoman Clara Potes-Fellow.

Although some illegal immigrants may benefit, officials note the law also applies to documented students who do not qualify for California residency.

Students from other states attending boarding school in California fit that description. Graduate students who attended high school in California, went to college out of state and returned to California to pursue graduate studies are also eligible.

"The misperception is the law was intended to help non-citizens," said Potes-Fellow. "That is not true. The law was intended to help students who completed the last three years of high school in California but were not California residents."

In the UC system, about 70 percent of students who take advantage of the law are legal immigrants or U.S. citizens, said spokesman Ricardo Vasquez.

"We admit students based on their academic record, not on anything else," Vasquez said.

http://www.sbsun.com/news/ci_13939732

Here in TX illegals who graduate from a Texas HS get state financial aid...I hope they get rid of it SOON!!

This should not even be open for discussion, and it should take no thinking on the part of any Judge or court.... acording to the "National immigration act of 1986" it is against the law to give in-state tuition to an illegal alien unless you offer it to all citizens students from another state! Period, it is a federal Law.

What good are the laws passed by congress if not one abids by them!

For an honors student, Luis Galicia is not very bright. He has already stolen seven years of education from the taxpayers, now wants to steal a slot from an American citizen, and in the future steal a job from an American. Deport him and the rest of his family.

Originally Posted by SOSADFORUS

This should not even be open for discussion, and it should take no thinking on the part of any Judge or court.... acording to the "National immigration act of 1986" it is against the law to give in-state tuition to an illegal alien unless you offer it to all citizens students from another state! Period, it is a federal Law.

What good are the laws passed by congress if not one abids by them!

NY has been ignoring that law for several years now.

Originally Posted by Ratbstard

Originally Posted by SOSADFORUS

This should not even be open for discussion, and it should take no thinking on the part of any Judge or court.... acording to the "National immigration act of 1986" it is against the law to give in-state tuition to an illegal alien unless you offer it to all citizens students from another state! Period, it is a federal Law.

What good are the laws passed by congress if not one abids by them!

NY has been ignoring that law for several years now.

Yep that's what they do ignore the federal law and make up their own, of course only when its convenient or suits their agenda.