http://www.kansan.com/stories/2006/feb/27/ne_migrant/

Some students receive in-state tuition despite being illegal immigrants
By Fred Davis (Contact)
Monday, February 27, 2006

The individual’s name in this story has been changed because of the delicate and potentially harmful subject matter.

Delia wakes up every morning and has to worry about a lot of the same things that other freshmen in their second semester of college worry about. Classes, homework, a job and the always important social life are just a handful of the things that dominate Delia and her peers’ day-to-day operations.

Yet there is one aspect of college — and life — for Delia that only three other people at the University of Kansas have to deal with daily — being an illegal resident in the United States.

Despite not having a Social Security card, a driver’s license or the ability to obtain federal financial aid, Delia is able to attend the University based on the undocumented resident in-state tuition bill that was passed in 2004 by the Kansas Legislature. Of course, Delia had to qualify academically before being accepted at the University.

The bill says that anyone who graduated from a Kansas high school or G.E.D. program and was educated in the state for at least three years is eligible for in-state tuition at any Kansas post-secondary educational institution. The bill also mandates that the person must seek citizenship while attending school.

Delia, an Olathe resident by way of Texas and Mexico, has been in the United States since she was five years old after arriving in Texas with her aunt. Having lived in the country for almost 15 years now, Delia is seeking citizenship through the sponsorship of her aunt, a U.S. citizen. Delia turned in her paperwork in 2000 to begin the legalization process.

Delia said that because she was going through her aunt to gain citizenship, the wait to become a legal citizen could take longer than if she were sponsored by her sister, who was born in the United States. The legalization process is less restrictive when the sponsor is an immediate family member. The problem for Delia is her sister is only 13, and federal law stipulates a person must be 21 to sponsor another person for citizenship.

Given the public debate that surrounds illegal immigration in the United States, Delia remains quiet about her immigration status with others because, she said, “It’s easier that way.”

“That way there’s nothing to explain,” she said.

Perhaps the biggest reason that Delia is reluctant to tell others about her situation is the fear of how they will characterize her. Delia said she didn’t think some people were mature enough to understand the issue of immigration in this country. She also noted that a lot of children like her had no control over their choice to come to this country illegally.

There are people that Delia does talk to regarding her situation — like Melinda Lewis and others at El Centro Inc. in Kansas City, Kan. El Centro is a not-for-profit enterprise that helps families in the Kansas City community. The company’s purpose, according to its mission statement, “is to create and sustain educational, social and economic opportunities for families.” Lewis, director of policy advocacy and research at El Centro, called Delia “one of the most obsessively-determined-to-succeed students” she had ever met.

Lewis has helped Delia get scholarships to help pay for her education in the absence of financial aid. Numerous minority scholarships require a social security number, thus disqualifying her.

Delia received a scare Sunday when she found out that a Kansas Legislative committee would re-vote on a previously defeated bill to repeal the in-state tuition bill. Last month, Rep. Becky Hutchins (R-Holton) proposed legislation to repeal the 2004 in-state tuition bill. The repeal subsequently died in a committee hearing nearly two weeks ago, but has been brought back for a re-vote at the request of House Speaker Doug Mays (R-Topeka).

“I hope they don’t lose their heads,” Delia said in reference to the re-vote. “This bill is not just for striving students, but for America itself,” she said.

What would happen to Delia if the bill did get repealed?

“I would have to go to Mexico to study.”

Lewis added that the in-state tuition bill was important not just to undocumented immigrants, but to the siblings of undocumented aliens as well. Lewis said there were many cases where immigrant families had one documented child and one undocumented child — as is the case with Delia and her younger sister. Lewis said it set a positive example for the younger sibling to see the older one in school, thus creating a “multiplier effect” in the community and starting a “college family,”

Even with the unsettling reality that she could be deported at any time or that a repeal of the in-state tuition bill could derail her KU career, Delia remains remarkably upbeat.

“One thing I’ve learned is not to worry about things that I can’t control, whatever happens, happens,” Delia said.

So while Delia waits for the notoriously long citizenship process to run its course, she continues to do what she’s always done — keep working hard. Using her family as motivation, Delia, a 3.0 student, maintains an arduous 18-hour course load and stays focused on her goal for after graduation — attending medical school.

Lewis, meanwhile, said she had no doubt that Delia would become a doctor someday, she just hoped nothing — legislative or otherwise — would prevent her from doing so.

— Edited by Timon Veach

The legislation to repeal the undocumented resident/in-state tuition bill is being brought back for a re-vote. It had been vote down Feb. 15 in a Kansas House of Representatives committee.

House Speaker Doug Mays requested a re-vote last week on the repeal bill. Speaker Mays declined comment for this story. Federal and State Affairs Committee Chairman John Edmunds (R-Great Bend) said that Speaker Mays approached him last Wednesday afternoon to request the re-vote.

The re-vote will take place Wednesday in the Federal and State Affairs Committee.

Rep. Tom Burroughs (D-Kansas City), Ranking Minority Member of the House and Federal Affairs Committee, said that he was quite surprised by the re-vote request and that he can only remember one or two instances during his tenure in which a re-vote was requested. Burroughs has served since 1997.

Edmunds granted Speaker Mays request because, “he’s the speaker.”

Edmunds added that Mays wants the repeal bill to make it to the House floor.

Edmunds, who was the tying vote to defeat the repeal bill in committee, is undecided as to how he’ll vote Wednesday.

Burroughs, who voted agains the repeal, says there is “no doubt” that the repeal will make it out of committee now that Mays is involved.

Burroughs said the repeal is an extremely divisive issue and that he hopes when the bill is discussed, statesmanship will be in order and people will do the morally right thing.

Concerning his feeling about the repeal, Burroughs said, “The fabric of this bill goes against the foundation of this country.”