Thread: Illegal immigration tuition suit tossed

Illegal immigration tuition suit tossed
By: Brian Hughes
Examiner Staff Writer
08/21/11 8:05 PM

A judge has dismissed a lawsuit against a Montgomery County college granting illegal immigrants its cheapest tuition rate.

Montgomery County Circuit Court Judge Marielsa A. Bernard ruled that Maryland residents did not have the right to sue Montgomery College for its tuition policy under the regulations they cited.

"Plaintiffs' contention that their status as Maryland taxpayers is sufficient to enforce federal law plainly violates the supremacy clause of the United State Constitution," the judge said.

Under Montgomery College policy, the school provides in-county tuition to any student who has graduated from a Montgomery public school within the previous three years, regardless of that student's immigration status.

The lawsuit was initiated after Baltimore County Del. Pat McDonough said the school was wasting millions in taxpayer dollars on illegal immigrants.

"Her ruling is outrageous," McDonough told The Washington Examiner, adding that an appeal would be filed this week. "What she's doing is taking away the rights of taxpayers to sue public officials. It's a political hack decision based on her personal agenda."

McDonough and members of the conservative watchdog group Judicial Watch said the college has awarded in-county tuition for more than 11,000 credit hours annually to students who failed to verify their legal status. According to McDonough, the college would have collected nearly $6 million over three years if those students had been charged the out-of-state rate.

But others lauded the decision.

"We empower students to change their lives," said Montgomery College President DeRionne Pollard, in the wake of the ruling. "Our tuition policy ensures our mission is more than words; our policy brings our mission to life."

The Maryland General Assembly this year passed legislation that granted in-state tuition to illegal immigrants. However, that law has been petitioned to referendum, meaning voters will determine its fate in November 2012.

With a push to legalize gay marriage expected next year, cultural issues may largely define the Maryland political landscape in 2012, experts said.

All Maryland students -- including undocumented students -- are given free K-12 public education.

More than 60 percent of Montgomery College's $208 million operating budget in fiscal 2011 came from county and state appropriations.

bhughes@washingtonexaminer.com

Read more at the Washington Examiner: http://washingtonexaminer.com/local/201 ... z1VlfXiPXZ

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