In-state tuition for immigrant children advances

Last Update: 2:32 pm




Immigrant tuition break rejected by Senate panel

LITTLE ROCK, Ark. (AP) - A proposal to grant the children of illegal immigrants in-state tuition rates to Arkansas schools is headed to the Senate for a vote and setting up a showdown between its backer and the governor, who says it may violate federal law.

The proposal to grant in-state tuition rates to anyone who has attended an Arkansas school for at least three years and has a high school diploma was advanced Wednesday by the Senate Education Committee. Sen. Joyce Elliott says her proposal is needed to show compassion and to give children an opportunity at higher education.

"If we don't act, we will create a whole underclass of people in our state," Elliott told lawmakers last week.

But Gov. Mike Beebe says the proposal could violate federal law, and the state's higher education chief says it could end up costing state schools about $38 million.

The Senate Education Committee backed Elliott's proposal by a voice vote on Wednesday and it now heads to the Senate for a vote. The same committee rejected the proposal on Monday.

Elliott, D-Little Rock, later said that she probably would not bring the measure up for a vote in the Senate until next week and said she was still tallying support for the bill. The idea faced skepticism from senators during a rare "committee of the whole" meeting before the entire chamber last week.

"I'm not lulled into thinking the hard work is over," Elliott said. "I'm just going to go about the business of trying to help the senators see the way forward to support this bill. I'm excited, but this is just a first step."

Elliott said the swing vote on the eight member panel came from Sen. Steve Bryles, who did not vote on the proposal before the committee earlier this week.

"These children have attended an Arkansas school and to deny them the opportunity to go to college is just stupid. We're not enhancing benefits for anyone," said Bryles, D-Blytheville.

As a House member, Elliott in 2005 originally proposed offering in-state tuition and scholarships to the children of illegal immigrants. That measure passed the House, but failed in the Senate despite removal of the scholarship provision.

The proposal faces opposition from Gov. Mike Beebe, who has said that granting the in-state tuition rates could violate federal law. Earlier this week, the state's higher education chief told lawmakers he opposed the proposal.

As attorney general in 2005, Beebe issued an opinion that said it could violate a 1996 federal law that said no higher education benefit shall be available to illegal immigrants' children unless it's also available to every U.S. citizen.

"You just can't legally do it," Beebe said.

Arkansas Higher Education Director Jim Purcell said that doing so would essentially eliminate out-of-state tuition and could reduce revenue to the state's colleges and universities by about $38 million.

But Elliott said about 10 other states already offer the tuition break, and said she interprets the federal law differently. She says she thinks the law could be interpreted to allow the state to offer the in-state tuition rates to illegal immigrants and anyone else who meets the other requirements of attending school in the state for at least three years and having a diploma from an Arkansas high school.

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