Immigrant tuition bill may face filibuster

By LIAM FARRELL Staff Writer
The lines are being drawn in the sand.

Annapolis Democratic Sen. John Astle believes a bill that would extend in-state tuition to undocumented immigrants has been unfairly "vilified."

For Republican Sen. Janet Greenip of Crofton the state should not extend benefits to people who are breaking the law.

In what could be one of the last contentious issues of this year's General Assembly session, the legislation is now in the Senate facing the threat of a filibuster.

The bill, passed by the House last month 81-57 after a visceral debate, was heard yesterday in the Senate Education, Health and Environmental Affairs Committee.

Sponsored by Del. Victor Ramirez, D-Prince George's, the legislation would extend the criteria for paying resident tuition at public colleges.

To qualify, someone would have to:

Attend a secondary school in Maryland for two years, or receive a high school diploma or equivalency in the state.

Provide documentation proving either the individual or a parent had paid Maryland income tax during the year before high school graduation.

Sign an affidavit stating their intent to file an application for permanent residency within 30 days of eligibility.

If the bill makes it out of committee and passes the Senate, it is assured to be signed by Gov. Martin O'Malley.

The governor sees the initiative as an extension of the state's responsibility to provide education to every Maryland resident, illegal or legal, from kindergarten through high school, said Rick Abbruzzese, a spokesman for the governor's office.

"(Mr. O'Malley) feels that the state should not be in the business of creating a permanent underclass," Mr. Abbruzzese said. "That would be an investment squandered if we did not allow these students to go to college."

Whether there is enough time left in the session to reach the governor's desk before the legislature adjourns Monday night remains to be seen.

Although the Senate committee could vote the bill out to the floor as early as today, it could still face delays in the last three days of the legislative meetings.

Sen. Andrew Harris, R-Baltimore, a member of the committee, pledged to lead a filibuster if the bill reaches the Senate floor.

"On the campaign trail, (illegal immigration) is the single hottest issue," he said. "(The legislation) gives one more incentive for illegal immigrants to come to Maryland."

Both Sen. Ed DeGrange, Sr., D-Glen Burnie, and Mr. Astle, supported similar legislation in 2003 that passed both houses but was vetoed.

Mr. Astle echoed the feelings of Mr. O'Malley.

"This thing has been vilified by the term 'illegal'," he said. "No matter what we feel, we have to educate these kids (in Maryland). Should they have to pay the same tuition as someone from Alaska?"

He said the legislation cannot be envisioned as a special subsidy, especially when any student under the bill would have to start the naturalization process.

In addition, undocumented applicants would have to meet the same grade and test score requirements as everyone else to enter college, he said.

"We are not holding spaces for them in the schools. They have to compete like any other student," Mr. Astle said. "(The bill) is an easy target for xenophobes who want to vilify somebody."

But for Mrs. Greenip, a member of the Senate committee deciding the fate of the bill, the issue boils down to the state granting rights to people who are still not legally present in the country.

"Why reward illegal behavior?" she asked.

Mrs. Greenip is also concerned about the bill's financial impact.

State aid for community colleges would have to increase by about $355,000 in fiscal 2010, and rise by $1.1 million by fiscal 2012, according to the bill's fiscal note.

With the state's limited financial resources and coming deficit crunch, Mrs. Greenip is concerned legal Maryland residents could get squeezed out of schools.

"There is only so much money to go around," she said.

Using the money of "law-abiding taxpayers" to finance the education of anyone in the country illegally is bad policy, said Sen. Bryan Simonaire, R-Pasadena.

He said it is not an issue of compassion, but one of how Maryland residents are already overburdened with taxes and should not have to foot the bill for this additional cost.

"There's a huge disconnect between many legislators and the general public," Mr. Simonaire said. "At some point we have to tell the legislature enough is enough."

Mr. Ramirez, however, was confident the bill still has enough support to become law, especially with the backing of the governor.

"We feel like we have the votes to get it out of the committee," he said. "We are working on the votes to close the filibuster as well."

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