Thread: Texas A&M: Special college savings for illegals?

Special college savings for illegals?
By: Shawn Johnson
Posted: 6/21/07
All college students face the rising cost of education, with the state of Texas having some of the highest tuition rates in the nation. One must ask why college students are doing nothing about this.

One issue that Washington Legal Foundation's Chief Counsel Richard Samp believes college students have been in the dark about is Texas' HB 1403, which allows the state to offer in-state tuition rates, grants and loans to illegal immigrants. Eight other states have similar laws.

Samp, who has been leading the front on this issue, said, said the Illegal Immigration Reform and Immigration Responsibility Act of 1996 is designed to ensure that if any state that offers discounted, in-state college tuition rates to immigrants not lawfully present in the United States must also offer those same discounted tuition rates to all United States citizens and nationals, regardless whether they are residents of the state.

Is Texas violating federal law?

"In violation of § 1623," Samp said, "Texas has adopted a statute that permits illegal aliens living in Texas and who graduate from Texas high schools to be deemed 'residents' of Texas in order to qualify for discounted tuition rates."

Samp believes this practice is discrimination against people who live in this country legally.

"These state laws are very much like the grandfather laws of the 1850s - everyone knew they violated the

15th Amendment, but nothing happened."

The state law allowing this special treatment was signed into law June 16, 2001, and amended the Texas Education Code, allowing any illegal immigrant who graduated from a Texas high school and signs an affidavit saying they will apply for permanent resident status to have in-state tuition, but there is no exact time requirement.

Samp argues the intent and effect of the law was to declare illegal immigrants living and being educated in Texas to be residents of the state and thereby eligible for reduced in-state tuition rates. At the same time, Texas law has continued to make it exceedingly difficult for citizens and nationals living outside the state to qualify as a resident of Texas and thus to qualify for the reduced in-state tuition rates.

Samp is awaiting a hearing by a U.S. District Court of Appeals in Colorado in the case of Day v. Sebelius, which involves a similar case in Kansas where, unfortunately, a federal district court ruled that individual citizens have no right to sue to enforce these federal laws even if they have been injured. The Kansas court said that only the Department of Homeland Security is permitted to enforce them.

Why are illegal immigrants getting preferential treatment over U.S. residents? The federal law clearly states that if a state offers benefits to an illegal immigrant, they must also be given to out of state students. Aggies should be compelled to fight for what is right and fair, to fight against these illegal practices. Contact Gov. Rick Perry, Sens. Kay Bailey Hutchinson and John Cornyn, Texas state senators, and to urge A&M Interim President Eddie J. Davis to give equal treatment to all students throughout the state of Texas.
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They are also in violation of another Federal Law, foreign nationals who attend classes in US schools are required to apply for and hold a student visa. No visa, no enrollment.

I know this one very well, my wife is an assistant Registrar.