DENVER SCHOLARSHIP FOUNDATION
No documents, no aid
The oilman who vowed to help send seniors at three DPS schools to college says the law bars him from helping illegal immigrants.
By Elizabeth Aguilera and Allison Sherry
Denver Post Staff Writers
The Denver Post
Article Last Updated:06/27/2007 06:17:02 AM MDT

The founder of a new scholarship program created to help Denver Public Schools students afford college said the fund will not give any money to undocumented immigrant students.

Tim Marquez, the oilman who pledged $50 million of his own money to help seniors from three Denver high schools go to college, said he received legal advice that indicated he couldn't help undocumented students.

Marquez and his lawyers are basing their decision on a federal law that prohibits harboring illegal immigrants. They also said state laws could prohibit giving the money but couldn't cite any.

"We can't knowingly give money to undocumented kids," Marquez said in a recent interview. "If a kid can provide us a Social Security number, that is all we need to know. But if they can't, then we can't help them at all."

The decision still needs to be approved by the Denver Scholarship Foundation board.

Marquez and his wife, Bernie, formed the Denver Scholarship Foundation last year. The organization was supposed to help pay for college for about 500 graduating seniors from Abraham Lincoln, South and Montbello high schools. It is not clear how many illegal immigrants are in the schools.

At the time of the DSF announcement, Marquez said that he would cover the cost of college after family contributions, federal aid and private scholarships.

Many students took this commitment - made in front of Mayor John Hickenlooper, Superintendent Michael Bennet and several school board members - literally.

But Marquez said he cannot provide money for students here illegally.

"We are not trying to get out of helping these kids," Marquez said. "For any kid not to live up to their potential is a mistake on the city's part, on everybody's part. It's very shortsighted."

Marquez's attorney John Elofson said the advice was based on state and federal laws - in particular a federal law that bans "bringing in and harboring" illegal immigrants.

"Both on the state and federal level this is an area that is in flux and is complicated," said Elofson, an officer of the scholarship foundation. "A lot of the statutes revolve around whether you get public money or not, but there are also more general laws."

Other attorneys concede the law is complicated, yet immigration lawyers and those who administer private scholarships say it should not apply to privately funded programs.

Denver immigration lawyer Laura Lichter said the foundation's interpretation is wrong. "I think most people can recognize that it is not only unkind, it is outright unfair," she said.

Private scholarship programs across the state treat the issue differently.

The Hispanic Annual Salute, for example, gave away $100,000 in scholarships this year and did not ask students' status.

"Where they are from doesn't matter to us," said Salute president Dan Sandos. "What matters to us is that they are in the community doing great work."

The Daniels Fund excludes illegal-immigrant students from its scholarship program because it requires all recipients to fill out federal aid forms, said fund spokesman Peter Droege.

DSF scholarship candidates also must apply for federal aid, as the Marquez scholarships are intended to be the "last dollars" awarded to students who qualify for other funds.

One state law passed last year requires nonprofits and state agencies to verify legal status of recipients and participants for public benefits. But its sponsor said it does not apply to private scholarships.

"Our concern is to enforce the law with regard to public benefits," said House Speaker Andrew Romanoff, D-Denver. "I don't think the legislature looked at putting similar restriction on private dollars."

The Denver Foundation, which administers more than 40 privately funded scholarships, doesn't ask the recipient's status unless the donor specifically requests verification, said spokeswoman Rebecca Arno.

Bennet, who also is on the scholarship foundation board, said Tuesday that he wants to help "as many students as possible and comply with all applicable laws."

Roxanne Rhodes, an advanced-placement teacher at Abraham Lincoln High School, said scholarship foundation officials should have been up front at the beginning about who was eligible.

"Those kids understood it that way, that they didn't have to worry about it," she said.

http://www.denverpost.com/ci_6236979