Thread: Number of illegal immigrants getting in-state tuition for TX

Number of illegal immigrants getting in-state tuition for Texas colleges rises

12:17 AM CDT on Monday, March 15, 2010

By KATHERINE LEAL UNMUTH / The Dallas Morning News


The number of illegal immigrant college students paying in-state tuition and receiving financial aid at Texas' public colleges and universities continues to climb, according to state higher education records.

During the fall semester, 12,138 students – about 1 percent of all Texas college students – benefited from the state law granting in-state tuition, according to the Texas Higher Education Coordinating Board. Most of the immigrants among those students are illegal, and some others are not legal permanent residents or U.S. citizens.

Texas awarded about $33.6 million in state and institutional financial aid to those students between fall 2004 and summer 2008.

In 2001, Texas became the first state in the country to pass an in-state tuition law. The law created a national movement. Many private universities also now award aid to illegal immigrant students.

Now some of the students are graduating but unable to work legally as professionals. Julie, 29, who moved from Mexico to Austin at age 12, earned a degree in nursing from the University of Texas. She is unable to work, so instead she volunteers in Dallas.

"You have people here, and they're trained," said Julie, who did not want her last name used because of her immigration status. "The state has invested in us, so why not let us be contributing members of society and our community?"

But immigration reform has stalled. Congress has repeatedly failed to pass the Dream Act, a proposal that would put the students on a path to citizenship.

Critics question how much tuition discounts and state financial aid cost the state, especially during tough economic times. A lawsuit has been filed challenging the law.

Even so, Gov. Rick Perry supports the law aiding illegal immigrant students. In a recent debate, he said the students are on the path to citizenship. However, they actually won't be on that path unless the Dream Act passes.

Illegal immigrants entering Texas' higher education system are direct beneficiaries of a 1982 Supreme Court decision, Plyler vs. Doe. Parents in Tyler sued after the state began charging tuition for illegal immigrant children. The court ruled that Texas and the rest of the country must educate illegal immigrant children free of charge in public schools.

Some of the most vocal illegal immigration opponents don't oppose the decision. But they say higher education is different, because it is tuition-based.

Suit challenges law

A lawsuit was filed in December challenging Texas' law providing the students in-state tuition and state aid. The students are not eligible for federal aid such as Pell Grants.

Attorneys for the Immigration Reform Coalition of Texas sued the University of Houston, Houston Community College and Lone Star College systems in Harris County District Court, but the case was moved to federal court. "It's not like we're swimming in budget surpluses," said attorney David Rogers. "It's the responsibility of the government of Mexico to educate Mexican citizens."

Challenges to similar laws are also occurring in California and Nebraska. Arizona bans illegal immigrants from receiving in-state tuition.

Rogers argued that taxpayers suffer because of the law. It's unfair, he added, that the state gives benefits that students from Oklahoma or other states can't receive.

A challenge to a similar law in Kansas failed in 2005 after a federal judge found that out-of-state college students had no standing to challenge the law there, since they had not been harmed by it.

Rogers said states are not supposed to offer benefits to illegal immigrants that are not offered to eligible U.S. citizens.

But University of Houston law professor Michael A. Olivas said federal law clearly allows states to draft their own policies, and he believes the Texas case is similar to the Kansas one.

"It is a matter for states to determine," he said. "In-state status is a state issue."

Illegal immigrant students were never barred from enrolling in Texas colleges, but the higher tuition price tag for nonstate residents often meant they couldn't afford to attend.

The Texas law requires students to attend school in the state for at least three years before graduation from a Texas high school. Students also must file an affidavit saying they plan to apply for permanent residency as soon as possible. State officials have argued that the treatment is not preferential in comparison to residency requirements for other students.

State Rep. Leo Berman, R-Tyler, has tried sponsoring a bill denying education benefits to illegal immigrants in the past, but he later realized that went against the Plyler precedent.

"I have concerns about the expense for taxpayers," Berman said. "We're not providing enough grant and loan money to our own U.S. citizens."

Carlos Hernandez, 27, was an illegal immigrant when he graduated from the University of Texas in 2005 with a degree in petroleum engineering. He has since become a U.S. citizen through marriage. He moved from Mexico to Texas when he was 9 years old.

He said many parents and students already pay taxes, and that he hopes immigration reform will create a "return on investment" for the state.

Take away, pay back

"The main complaint from people who oppose such laws is that students are taking away," said Hernandez, now a drilling engineer for an oil exploration and production company. "If you allow them to go to school, to work and make a higher wage, they're able to pay back."

Such arguments don't sit well with groups like the Federation for American Immigration Reform in Washington, D.C.

"Every seat filled by an illegal alien is not being filled by someone else from the state," said spokesman Ira Mehlman.

But Rick Noriega, the former Texas legislator who sponsored the in-state tuition law, said that educating the students is an economic development issue.

"This is about access to higher education," said Noriega, now the president of Avance, a nonprofit organization that educates Hispanic parents on preparing children for school. "The alternative is to slam the door on any hopes and dreams. How are they going to perform in high school if they don't even have a chance at higher education?"
NORTH TEXAS COLLEGES BENEFIT FROM IN-STATE TUITION LAW

Number of students in North Texas public colleges enrolled in fall 2009 benefiting from HB1403, which includes illegal immigrants and other immigrant students who are not permanent residents or U.S. citizens:

University of Texas-Austin , 569

Texas A&M University, 304

University of North Texas, 304

University of Texas-Arlington, 315

University of Texas-Dallas, 192

Texas Woman's University, 65

Collin County Community College District , 279

Dallas County Community College District, 1,717

Tarrant County College District, 772

SOURCE: Texas Higher Education Coordinating Board

ABOUT THE LAW

The Texas law passed in 2001 providing in-state tuition and aid to illegal immigrant students and other immigrants who are not U.S. citizens or permanent residents does not specifically identify illegal immigrant students. It instead defines Texas residency and eligibility for in-state tuition and state financial aid. The bill required students to:

•Reside in Texas with a parent while attending high school in Texas.

•Graduate from a high school or receive a GED in Texas.

•Live in Texas for the three years leading up to graduation or receiving a GED.

•Provide colleges and universities a signed affidavit indicating an intent to apply for permanent resident status as soon as they are able to do so.

The students may qualify for state aid. They also may qualify for institutional aid from specific universities and colleges.

Since 2001, 22,697 students who benefited from the law have attended Texas colleges and universities. State officials were not able to provide data on how many graduated.

During the 2009 fall semester, 8,406 such students were enrolled at community and technical schools and 3,725 at public universities. Seven were enrolled at health-related institutes.

SOURCE: Texas Higher Education Coordinating Board

www.dallasnews.com

Mexico's producing oilfields are getting depleted bthere is plenty of opportunity for Petroleum Engineers there. Hernandez the naturalized illegal alien has no excuse for being here on any professional basis.

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"Texas awarded about $33.6 million in state and institutional financial aid to those students between fall 2004 and summer 2008".

This is such unmitigated BS!!!!!!!! That's 33.6 million dollars which should have gone to US citizens and LEGAL residents struggling to pay for college amid the spiraling costs of an education in this lousy economy. I never thought I would see the day when this damn government treats those who violated our laws, borders, sovereignty and use stolen and fraudulent identities to obtain jobs and benefits better than citizens including veterans.....Utterly despicable...........

This is such unmitigated BS!!!!!!!! That's 33.6 million dollars which should have gone to US citizens and LEGAL residents struggling to pay for college amid the spiraling costs of an education in this lousy economy. I never thought I would see the day when this damn government treats those who violated our laws, borders, sovereignty and use stolen and fraudulent identities to obtain jobs and benefits better than citizens including veterans.....Utterly despicable...........

I am college student and I could not have said it any better. Veterans can not even find jobs due to illegals. What a sad sight.

We will have to take our country back in the end.