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Illegals to lose in-state tuition

By BRIAN FEAGANS
The Atlanta Journal-Constitution
Published on: 12/16/06

High-achieving students who grew up in Georgia but are in the country illegally soon won't qualify for in-state tuition on state campuses.

Burns Newsome, an associate vice chancellor who acts as the Board of Regents' attorney, has advised the presidents of Georgia's public universities to stop granting so-called tuition "waivers" to students who may have high grades but lack legal resident status. That means such students will have to pay the much higher out-of-state tuition rate.

The change is necessary, Newsome says, to comply with SB 529, considered one of the nation's most aggressive attempts to confront illegal immigration at the state level. Signed into law by Gov. Sonny Perdue in April, the measure orders state agencies and institutions to make sure they are in compliance with all federal immigration laws by July.

Newsome initially gave the advice in a May 25 position paper distributed to university presidents. But word has filtered down to recruiters, scholarship funds and immigrant advocates only lately.

Sen. Chip Rogers (R-Woodstock), the architect of SB 529, said he's pleased with the university system's interpretation of the law. It makes no sense to subsidize the education of students who will not be able to work legally upon graduation, Rogers said.

He also pointed to lawsuits against states such as California and New York for offering in-state tuition to illegal immigrants. "Georgia doesn't need to be put through that," he said.

State Sen. Sam Zamarripa (D-Atlanta), who fought SB 529, said the change sends a devastating message to some of the best and brightest in communities already suffering from soaring high school dropout rates. Many of the students have lived in Georgia nearly their entire lives but know their families can't pay out-of-state tuition rates, he said.

"It's unconscionable to punish children for the sins of their parents," Zamarripa said. "This initiative is essentially going after kids that are more Georgian than anybody who has moved here in the past five years. They like boiled peanuts. They like southern rock. They like the Braves."

It's unclear how many students will be directly affected. The university system doesn't track the number of illegal immigrants attending state universities. And records at individual institutions are often spotty.

Georgia State University currently grants waivers to roughly 10 students who don't have legal U.S. residency, said DeAnna Hines, a spokeswoman for the university in downtown Atlanta. But that will end in July to comply with the legal advice from the regents, she said. Out-of-state tuition is $7,785 per semester, or about four times the in-state rate of $1,946.

Some of the state's smaller schools will feel the effects, too. Dalton State College, Gainesville College and Southern Polytechnic State University have acknowledged granting in-state tuition to undocumented students in the past.

The University of Georgia, however, has never given such waivers, spokesman Tom Jackson said. Illegal immigrants, who numbered 14 last spring, are charged at the out-of-state rate, he said.

Newsome, the regents' attorney, said SB 529 prompted the regents to review its waiver policy, which allows universities to grant in-state tuition to about 2 percent of the student body. Waivers can go to international students, military personnel and other special cases. Newsome concluded that people in the country illegally should no longer qualify. "There is so much immigration law that is not enforced by the federal government," Newsome said. "One thing [SB 529] did was ... tell state agencies to enforce federal law."

Newsome said there's a growing consensus that in-state tuition constitutes the kind of "assistance" banned for illegal immigrants under federal law. But some states, such as California and New York, maintain the lower tuition rates are legal. "This question has never gone to a federal court," Newsome said. "... It's left to people like me to read the tea leaves."

Ten states offer in-state tuition to illegal immigrants, according to the National Council of La Raza. Several of them have faced lawsuits from U.S. citizens who are paying out-of-state tuition rates, however.

Jagdish Patel, a member of the PTSA board at Meadowcreek High near Norcross, said he supports the university system's new stance. Those who followed legal channels to enter the United States shouldn't see their tax dollars subsidizing the higher education of those who did not, said Patel, a naturalized U.S. citizen from India. "Those who are the children of legal parents must get first chance — no matter what."

Imelda Hernández, executive director of the Roswell-based Celia & Marcos Scholarship Fund, said it's communities such as Norcross that will lose if standout students lose hope. "We're trying to prevent students from dropping out of high school," Hernández said, "and now this."

Hernández said she was shocked to hear of Georgia's policy change during a recent meeting at Valdosta State University. Several college recruiters were talking about how to increase Hispanic enrollment in Georgia universities when one stood up and waved the regents' position paper in the air.

Hernández said many of the fund's 15 scholarships go to students relying on tuition waivers. She fears some will have to drop out of college in July.

Hernández and other immigrant advocates are hoping for federal help. Backers of the Development, Relief and Education for Alien Minors (DREAM) Act believe the incoming Democratic-controlled Congress will be more likely to pass it. The act would make illegal immigrants raised in the United States eligible for in-state tuition. The proposal also would make them eligible for federal aid such as Pell grants, which are now off-limits to people in the country illegally.