March 7, 2009
Bill looks to end illegals' education
By Sarah Newell Williamson | Hickory Daily Record

RALEIGH — A proposed law in the N.C. House may permanently prevent illegal immigrants from attending credit classes at community colleges in North Carolina.

House Bill 294 will prohibit illegal or undocumented immigrants from receiving any post-secondary education from public institutions. This includes community colleges and public universities in North Carolina. Private colleges are not included in the legislation.

"The admissions standards of the State Board of Community Colleges and the admissions standards of all local community colleges shall prohibit the admission of persons who are not lawfully present in the United States, except as otherwise required by federal law," according to the proposed bill.

If passed, the bill would take effect Oct. 1.

Mark Hilton, who represents Catawba County, and Mitchell Setzer, who represents Catawba and Iredell counties, co-sponsored the bill. Both are Republicans.

Something needs to be done about illegal immigration at the state level, Hilton said of his support for the bill.

"We require the federal government to have most of the responsibility, and they're not really doing what they should," he said. "We want to send a message. If you want to be here, you need to go through the process and get papers."

Setzer agrees with Hilton.

"I don't know of anybody that minds legal migration, but there is a process, and it needs to be adhered to," Setzer said. "They need to become legal citizens. This is an effort to bring that forward."

Three illegal immigrants attend Catawba Valley Community College today. To be accepted into the school, the students had to indicate on their application their citizenship and residency status, said Mary Miller, community relations director for the college.

Students who indicated they were non-U.S. citizens must produce documentation, either in the form of a Resident Alien card or a non-immigrant Visa, Miller said. Until students produce either of these, the applicant remains undocumented.

Illegal immigrants who are attending community colleges must pay out-of-state tuition, as well. At CVCC, that means they are paying $3,733 for a full semester of 16 or more credit hours. If students were paying by credit hour, the out-of-state students pay $232.

A lot of people are concerned about illegal immigration, Hilton and Setzer said, and this bill addresses some of those concerns.

"We shouldn't be giving them services that taxpayers pay for," Hilton said. "We use taxpayer money for the buildings and staff and it bothers me."

One possible problem with the legislation is that it makes no reference to whether illegal immigrants can take not-for-credit classes, such as GED classes or adult basic education, which is currently allowed.

Those classes might go either way, said Ben Stanley, a staff attorney for the General Assembly,
"There was a Supreme Court case in 1983, which said people are entitled to K-12 education, that you cannot bar people from it," he said. "Does a GED qualify as that? I don't know how that would shake out in court."

The Board of Community Colleges is conducting a study on the effects of illegal immigrants on the community college system. The Board hopes the study offers some guidance on ways to handle the illegal immigration problem in the state's education system. It is expected to be finished in April.

The House bill has been referred to the committee on education to review.

"Whether the committee takes it up is the will of the chair," Setzer said.

Hilton is more positive about the bill.

"There's overwhelming support for it on the House floor. If we can get a hearing for it, I think it would pass," he said.

www2.hickoryrecord.com