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More illegals could get break on state tuition
Atlanta Business Chronicle - July 7, 2006by Ryan MahoneyStaff Writer
A recent action by the state Board of Regents could make it easier for illegal immigrants to get a huge break on tuition at Georgia's public colleges and universities.

On June 7, the Regents changed their policy to let students who move to Georgia to work pay the same, lower rate that residents pay. Georgia residents pay about one-fifth as much for their education as those from other states.

Senior Vice Chancellor Corlis Cummings said the policy changes were not intended to let illegals take advantage of the lower in-state tuition rates.

However, Cummings acknowledged that new language granting out-of-state tuition waivers for "economic advantage" might give illegals a way to take advantage of the cheaper rate.

The provision in question previously applied only to a student whose parent or guardian had established residency in the state and taken a job here.

As rewritten, the provision also allows the student or the student's spouse to be the one who has relocated to live and work in Georgia, instead of the parent or guardian.

Cummings said the policy was changed to standardize definitions of legal residency with two other state educational agencies.

Kris Kobach, a law professor at the University of Missouri-Kansas City who has sued Kansas and California over in-state tuition policies in those states, took issue with the new language.

"That policy would allow illegal aliens in several different situations to qualify for the out-of-state tuition waiver," said Kobach, who served as counsel to U.S. Attorney General John Ashcroft during the first two years of the Bush administration.

Kobach said workers who have overstayed their visas or children of families that cross the border illegally in search of employment could both qualify under the revised provision.

State Sen. Chip Rogers, R-Woodstock, whose Senate Bill 529 targeting illegal immigrants and their employers included a section directing the Regents to comply with existing federal law governing in-state tuition and other student benefits, said the changes were troubling.

"They're treading toward a dangerous path," Rogers said. "Somebody who's here illegally is not eligible to receive the in-state rate. It's a simple matter."

But some illegals are already enjoying the lower rate -- $1,946 in the upcoming fall semester for a school like Georgia Tech, versus $9,619 for out-of-state students -- in what Rogers said is a violation of federal law.

Though Cummings could not say how many illegals are now receiving in-state tuition systemwide, Gainesville State College has admitted to having 17 among its 6,000 students, and Georgia State University also has "a very small number" among its 25,000, said spokesman John Allen.

Despite the illegals currently getting the lower rate and the new policy that could pave the way for more to join them, the Regents are expected to issue a statement of compliance with Rogers' SB 529 before it takes effect a year from now, according to board attorney J. Burns Newsome.

In a May 24 memo, Newsome wrote that SB 529 "very likely does prohibit the grant of tuition differential waivers" to illegals. "The Board of Regents should have a stated policy of complying with all federal immigration and public assistance laws," he wrote.

The board also is considering requiring all prospective students to state their immigration status, as well as their residency status, on their applications. Some, but not all, Georgia universities already require this information.

But cracking down on the waivers may not be in the best interest of the state, said Felix Rioja, an associate professor of economics at GSU who in March co-authored a study on the long-term benefits of higher education for Hispanic immigrants, including illegals.

"The more education they have, the less of a burden they are on public services," Rioja said. "A person with a college degree contributes more ... and having in-state tuition is sometimes the [only] way for them to afford it."

Reach Mahoney at rmahoney@bizjournals.com.