Thread: In-stateCollegeTuition 4 illegal aliens(Fed law citation)

http://www.theamericanresistance.com/is ... ition.html

Federal Law Title 8, Chapter 14, Sec. 1623 states:

"an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State... for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit."

In-state college tuition for illegal aliens
Issues

The college tuition that a resident pays to a public college or university in their home state is called "in-state tuition". Typically this is much less than the tuition charged to students who come from out-of-state. Allowing an illegal alien student to pay less than an American student is wrong. Yet this is currently being promoted in Congress under the DREAM act.

Under U.S. law, illegal aliens may not hold any job in the United States. Thus, tax dollars expended on higher education illegal aliens to prepare them for professional careers serves only to draw more illegal aliens to those states offering in-state tuition.

When an illegal alien is granted in-state tuition and admission to a state university, he or she is directly competing with American students for that educational slot. This competition is unfairly biased against American students in other states who must pay out-of-state tuition to attend the university, while the illegal alien student is given in-state tuition preference.

In California in 2003, MALDEF engaged in an all-out effort to promote the news about in-state college tuition for illegal aliens. (MALDEF: see Funding Hate articles). In-state college tuition for illegal aliens contributes to a de facto illegal-alien amnesty.

Federal Law Title 8, Chapter 14, Sec. 1623 states:

"an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State... for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit."

Friends of Immigration Law Enforcement is asking American students who pay out-of-state tuition to colleges and universities where illegal aliens receive in-state tuition to sue the colleges and universities for reimbursement of the tuition difference.

Talking points against in-state College Tuition

In-state college tuition for illegal aliens will give benefits to adult or nearly-adult children over the age of 18 whose parents are also illegal aliens. This is not a bill that gives benefits to "youngsters". Taxpayers will pay the difference.

A 1996 Federal law mandates that if instate rates are given to illegals, those rates must also be given to all applicants of each state's colleges and universities from the other 49 states. Although the law is not actively enforced, giving in-state tuition to illegal aliens is a clear violation of federal law.

HB1187 is an amnesty disguised as an educational initiative.

College entrants slots are fixed and limited. The bill would place each state's citizens in direct competition with adult illegal aliens for limited slots and tuition benefits.

Giving in-state college tuition to adult illegal aliens residing in each state would give them benefits not given to American citizens in other states ( e.g., war veterans).

Providing in-state tuition to illegal aliens tells legally applying foreign students they are suckers for not becoming illegal aliens.

50% of Colorado University applicants come from out of state and from out of the country. (March 25 Boulder Daily Camera story, "CU pulls big from outside Colorado").

Tuition rates at CU went up 15% last year and there was talk of raising this year's tuition by another 40%.

Illegal aliens now pour in from all over the world at a rate of more than 80,000 a month. The Wal-Mart immigration sweep of October, 2003, netted large numbers from Mexico, the Czech Republic, Mongolia, Brazil, Poland, Russia, Uzbekistan, Georgia, Lithuania and some from from African and Asian countries. Because of virtually no internal enforcement, illegal aliens typically bring their entire families into the U.S. There is a potential for a vast number of illegal aliens to receive in-state tuition at taxpayer expense. Thus, the amended HB 1187 would give an adult illegal alien from Uzbekistan and all the nearly 200 countries of the world benefits that would be denied to American citizens, an absurdity.

If the claimed 1,000 illegals graduating from Colorado high schools enrolled at CU-Boulder at in-state rates for four years, revenue losses would exceed $65 million (Out-of-state citizen tuition rates = $20,346. Instate rates = $4,022. Loss of one four-year student = $65,296 million.)
Colorado's elected officials are now voting on issues influenced by illegal aliens and their supporters residing in the districts of the state elected officials. Democratic representation of Colorado's citizens is being eroded by ethnic pandering that emphasizes illegal aliens.

Standard argument and reasoned response:

Claim: "Yes, but children of undocumented workers should not be punished for what their parents did."

Response: Should America's citizen students be punished for the illegal acts of illegal-alien parents residing?"

- Since when is the state government in the business of coming to the rescue of adults whose parents committed illegal or imprudent acts?

- Those adult illegal aliens need to go back to mom and dad and hold them accountable.

- In the case of Mexican adult illegal aliens, they can easily return to Mexico to receive a virtually free college education at the University of Mexico.

YaaaaHooo!!!

These articles keep getting better and better.

So far, I have been unable to specifically identify the states that allow in state tuition for illegal aliens. Texas is one, but the others have been eluding me.
Can anybody help?

Found a little more.........

http://www.finaid.org/otheraid/undocumented.phtml

There is a conflict between Federal and State law regarding the eligibility of undocumented students for in-state tuition rates.
Federal law passed in 1996 prohibits illegal aliens from receiving in-state tuition rates at public institutions of higher education. Specifically, Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Title 8, Chapter 14, Sec. 1623) states: "an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State ... for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident."
Several states -- Texas, California, New York, Utah, Illinois, Washington, Oklahoma, and Kansas -- have passed state laws providing in-state tuition benefits to illegal aliens who have attended high school in the state for three or more years. Similar legislation is pending in Colorado, Connecticut, Florida, Hawaii, Maryland (legislation passed, but awaiting governor's signature), Massachusetts, Minnesota, New Hampshire, New Jersey, North Carolina, Oregon, South Carolina, Tennessee and Virginia. (Wisconsin also passed such a law, but the governor vetoed it.) Also, some schools in Georgia provide in-state tuition benefits to illegal aliens. The Texas law also allows illegal aliens to receive state student financial aid.
These state laws attempt to circumvent the federal law by simply not asking students whether they are in the US legally. (The California law, AB 540, requires the student to file an affidavit that he/she has filed an application to legalize his/her immigration status or intends to file an application as soon as he/she is eligible to do so. So California doesn't even attempt to maintain the fiction that the school is unaware of the student's immigration status.) They also circumvent the law by basing eligibility for in-state tuition on attendance of an in-state high school and not on state residence.
Virginia passed a law barring illegal aliens from receiving in-state tuition, but it was vetoed by the governor. The state attorney general then stated that existing state law requires state colleges and universities to charge illegal aliens higher tuition. Legislation to ban in-state tuition for illegal aliens is pending in Alabama, Alaska, Florida, Mississippi, and North Carolina. A bill to ban in-state tuition for illegal aliens was defeated in Arizona in March 2005.
The heart of the controversy concerning in-state tuition for illegal immigrants is a conflict between pragmatism, compassion and fairness. On the one hand, why should children of illegal immigrants be punished for violations of immigration law by their parents or for delays caused by INS bureaucracy? Denying illegal aliens in-state tuition rates denies most of them access to a higher education. Many of these students will eventually become legal residents. One can also argue that the cost of not helping these students pursue a higher education is greater than the cost of helping them. Education increases tax revenues and decreases spending on welfare, health care and law enforcement. It seems inconsistent to provide illegal aliens with a free public elementary and secondary school education, only to deny them access to a postsecondary education. This effectively limits them to a life of indentured servitude. On the other hand, why should law-abiding US citizens have to pay higher public college tuition rates than illegal aliens? They too can be helped by lower in-state tuition rates, providing future benefits to the state and the nation. To the extent that in-state tuition rates are intended to provide a benefit to state taxpayers whose tax dollars support state colleges, the tuition breaks for illegal aliens (most of whom do not pay taxes, since they are not legally allowed to work in the US) are inconsistent. Yet the Federal government also lacks a consistent and enforceable immigration policy, nor the will to devote sufficient resources to enforce existing immigration law.
This controversy is unlikely to be resolved until the US Supreme Court hears a case concerning it. (The most likely test case will be a lawsuit filed on July 19, 2004 to challenge the Kansas law.) Most likely the decision will focus on the Equal Protection Clause of the 14th amendment of the US Constitution, as did the decision in Plyler v. Doe, 457 US 202 (1982). It will also likely overturn state laws, regardless of whether they provide in-state tuition to illegal immigrants or ban it, since the authority to regulate immigration belongs exclusively to the federal government. It might also find that offering reduced in-state tuition to state residents is unconstitutional.
There is a lawsuit pending in US District Court in Topeka challenging a Kansas law allowing children of illegal aliens to pay in-state tuition rates.
There is pending legislation in the House and Senate that would repeal the Federal restriction and make college more affordable for illegal aliens. The Senate version of the bill is known as the Development, Relief and Education for Alien Minors (DREAM) Act (S 1545). The House version of the bill is known as the Student Adjustment Act (HR 1684). The DREAM Act would permit states to determine state residency for higher education purposes by repealing Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. It would also provide a mechanism for undocumented students of good moral character to become legal permanent residents and to qualify for Federal student aid.

DataMan--this post from FAIR says Texas, California, Utah and New York.

Maybe the others cited above have just passed. Wow, they are moving fast!!

Great work! This is the law the Governor of North Carolina cited as the reason NC HB 1183 violates federal law based upon the legal research of the General Assembly of North Carolina. Why would sponsors of a bill that their Governor AND the Legal Research Office of the General Assembly advise is ILLEGAL??

ILLEGAL = SCAM!!

SCAM = Violating Law for Money or Benefits!!

Violating Law for Money or Benefits = Illegal!!

Illegal scam violating laws for money or benefits = ILLEGAL!!

What part of this do Educators NOT UNDERSTAND??

How are they allowed entry into the colleges and universities under any tuition structure if they are not in the US Legally?

Even foreign students, applying legitimately, have to have a passport and a student visa to attend a US college or university!!

What in the heck has been going on?

No wonder American students can't get a seat in college!!!

NO WONDER the cost has risen so high it is virtually unaffordable for many American Families!!

Think about this.....Why would American Educators be more interested in educating foreign aliens than Americans?

Are their pockets being lined? Are they being paid, graft and corruption, to support and advocate using American Educational Institutions to educate foreign agents of foreign governments?

Where are the Educators interested in educating Americans?

Are there any LEFT??

If you're out there, Speak UP, Stand UP.....there is a line drawn in the sand now....either you're with us or you're against us....and guess who pays your salaries?

Americans pay your salaries...so I suggest you get on the right side of this line and stand with the people paying your salaries, retirement, tenure, paid vacation, paid sick leave, health insurance, etc., etc., etc.!

GET IT?

Judy:
I am on the e-mailing list for fair us.org and did notice that the information you mentioned was what they had. But I remember hearing that there were about 10 states that allowed in state tuition for illegals so I wanted to find who the states were. I am not that familiar with this site so I can't vouch for the accuracy. This issue gets me steamed.

Oh, I know. We're fighting here in North Carolina. Big Boys are behind it. It's repugnant!

This is also a part of a Nation Wide Legislative Agenda by the National Council of La Raza.

Anyone supporting these bills is either too ignorant or they are in cohoots with La Raza....which as we've learned is the ultimate dissoluton of the United States and a retaking of the Southwest Territory for Aztlan as part of the Nation of Mexico.

It is important that anybody who is an out of state student in the states that allow this absurdity be aware that the practice violates Federal law.
The fight in NC seems to be a winnable one. The pro illegal nitwits are starting to realize that the majority does not agree with them. The big boys might be behind it, but keep in mind that they only have one vote.

It is important that anybody who is an out of state student in the states that allow this absurdity be aware that the practice violates Federal law.
The fight in NC seems to be a winnable one. The pro illegal nitwits are starting to realize that the majority does not agree with them. The big boys might be behind it, but keep in mind that they only have one vote.

That all depends on who you ask......................

I think FAIR would have it right don't you unless some have just passed in recent weeks, but I think some of those have been stalled by our activities. Well....lets look at this this way....4 states is too many and 10 is damn well too many.

This has got to be stopped, because this is not about the 'poor little immigrant kid", this is about turning America's Educational System over to foreign agents of foreign govenments...so they can take over all our Intellectual Assets, including Technology.