Thread: Top 8 Reason's illegal aliens should not be in NC Colleges

ALIPAC Release
Top 8 Reason's illegal aliens should not be in NC Colleges

December 12, 2007

Contact: William Gheen, Americans for Legal Immigration PAC (ALIPAC), press@alipac.us, (866) 329-3999

1. In-state tuition for illegal aliens will replace American students in the very limited seats in our colleges with illegal aliens at taxpayers' expense.

2. A huge majority of North Carolinians opposes in-state tuition for illegal aliens and to implement it against the will of the majority is to disempower our citizens and overthrow our principles of self-governance and majority rule.

3. In-state tuition and college access for illegal aliens sends the wrong message; it will reward illegal alien families, as well as, attract more illegal aliens to North Carolina.

4. Allowing the illegal children of illegal aliens to receive in-state tuition benefits would be like allowing the children of bank robbers, shoplifters, and car thieves to keep their ill-gotten gains achieved by the lawbreaking of their parents.

5. North Carolinians have a birthright to decide what our educational institutions' policies are because it has taken generations of tax funding to build our Universities.

6. Allowing illegal aliens to attend college at in-state tuition rates is a violation of Federal law established in 1996. Even Governor Mike Easley is aware of this because he stated in a Charlotte Observer Exclusive on 4/22/2005 that aiding and abetting illegal aliens to enter or remain unlawfully in the United States is a violation of Federal Law.

7. In-state tuition rates for illegal aliens is unfair to American students from other states and the children of military families from other states present in NC who do not qualify for the huge discount.

8. Placing illegal aliens in NC Colleges will force taxpayers to train illegal aliens for jobs that are illegal for them to take. The state and taxpayers would become accessories to this crime.

Allowing illegal aliens into NC colleges wll reduce total available seats for college thereby excluding a certain number of deserving NC citizens and legal residents.

Allowing illegal aliens into NC colleges will further exacerbate the problems our state and people are currently experiencing by attracting more illegal aliens to come and encourage those already here to stay.

Expand #8. Providing illegal aliens with a higher education will further enable them to compete with American citizens for jobs since any serious enforcement of employer laws against hiring illegal aliens is lacking in this state.

Contrary to the proselytizing of Martin Lancaster, Mike Easley, Ersking Bowles and our state education 'leaders', it is our firm belief that illegal aliens will receive some type of aid (grants, loans and/or scholarships) through 'creative' working of student aid programs. This would reduce the overall amount available to deserving citizens. Furthermore, most illegal aliens would receive a 'minority' classification which would provide them with favorable status in receiving aid.

The federal Immigration and Nationality Act (INA) forbids 'aiding and abetting" illegal aliens. It provides for criminal convictions and monetary penalities for doing so.

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Some other points could be pulled from Senator Smith's letter to Attorney General Roy Cooper:

The Honorable Roy Cooper
North Carolina Dept of Justice
9001 Mail Service Center
Raleigh, NC 27699-9001

December 3, 2007

Dear Attorney General Cooper:

As a member of the Senate, I am requesting that you review and clarify the legal standing of a November 7, 2007, memorandum (CC 07-275) issued by the North Carolina Community College System. The memorandum aims to provide legal guidance regarding the admission of illegal aliens into our state's community colleges and claims to be based on a 1997 advisory opinion issued by the North Carolina Attorney General's office. While I recognize that I cannot formally request that you issue a formal opinion regarding CC 07-275, I am urging you to bring clarity to an issue that is of great concern to the people of North Carolina.

As explained below, Memorandum CC 07-275 incorrectly interprets the North Carolina Administrative Code in a manner that contradicts federal law, state law, and, even, the established policies of the community college system itself. Moreover, according to Title 8, Chapter 14, Sec. 1621, of the U.S. Code, only the North Carolina General Assembly has the authority to grant postsecondary benefits to illegal immigrants. This power does not reside with the North Carolina Community College System and cannot be mandated by means of a directive from the community college president's office.

This policy contradicts federal laws regarding immigration and the provision of state and local benefits to nonqualified aliens:

The Immigration and Nationality Act (INA) stipulates that it is a crime to enter the United States without proper documentation (8 USC 1181). It is also a crime to encourage or induce illegal immigrants to enter the United States (8 USC 1324). Finally, it is a crime to harbor or to employ an illegal immigrant (8 USC 1324). Under Memorandum CC 07-275, the community college system of North Carolina will be flouting federal law by undertaking activities that could serve as a positive inducement to illegal immigrants to enter the United States. Moreover, insofar as the mission of the community college system is to prepare North Carolinians to enter the state's workforce, this new policy willfully disregards the fact that it is illegal for employers to hire undocumented individuals.

Finally, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 specifically prohibits the states from appropriating state or local funds to provide postsecondary education to illegal immigrants. According to Title 8, Chapter 14, Sec. 1621, a state may only provide such benefits - which include "appropriated funds" for "postsecondary education" - to nonqualified aliens "only through the enactment of a State law after August 22, 1996, which affirmatively provides for such eligibility." The North Carolina General Assembly has not enacted a state law permitting nonqualified aliens to attend postsecondary institutions in North Carolina. For this reason, CC 07-275 is inconsistent with the provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Contrary to claims by community college officials, Memorandum CC 07-275 is not revenue positive. According to our sources within the community college system, out-of-state tuition only accounts for 50 percent to 70 percent of total educational costs per student. Even in the event that out-of-state tuition generated revenue for an individual community college, this revenue would not fully compensate the state for the per student cost to support the community college system in its entirety. As indicated by the 2007 North Carolina Community College Fact Book (p. I-9), tuition accounts for 12.5 percent of funding for the community college system. By contrast, state and local funds comprise 82 percent of the community college budget. In other words, Memorandum CC 07-275 will require the state to allocate funds to educate illegal immigrants, which is to say that the memorandum is a violation of the Illegal Immigration Reform and Immigrant Responsibility Act.

This policy contradicts state law:

According to the North Carolina Constitution, Article I, Section 5: "Every citizen of this State owes paramount allegiance to the Constitution and government of the United States, and no law or ordinance of the State in contravention or subversion thereof can have any binding force." Yet, as indicated above, Memorandum CC 07-275 encourages the violation of federal law by creating an inducement for illegal immigrants to come to and remain in North Carolina, as well as for employers to hire illegal immigrants.

In addition, Governor Mike Easley has stated that the memorandum issued by the community college system is "totally different" than the policy stipulated by his office's 1997 advisory opinion. In short, this memorandum has no basis in state law.

This policy contradicts the code of ethics of the community college system itself:

According to the Code of Ethics for North Carolina Educators, educators "shall not commit ... any felony under the laws of the United States or of any state" (16 NCAC 6C .0602). Yet, it is a felony to knowingly encourage or induce illegal aliens to come to or reside in the United States. It is also a violation of the law to use state and local funds for the postsecondary education of illegal immigrants, absent specific authorization by the North Carolina General Assembly.

Similarly, the codes of conduct of many of North Carolina's community colleges specifically forbid students from violating "local, state or federal criminal law on college property" or acting as an "accessory to a violation or help someone else commit an offense" (cf. GTCC Code of Conduct). By forcing our colleges to admit illegal immigrants, the community college system is knowingly enrolling students who are in violation of federal immigration law.

While I applaud the community college system's desire to "maintain an open-door admission policy to all applicants," our community colleges are not above the law. By implementing the policy articulated in Memorandum CC 07-275, we are sending a message to students and employers that North Carolina will not only ignore federal immigration law, but provide encouragement and assistance to individuals who are breaking the law. Surely, this is not the lesson we want to impart through our school system.

Sincerely,

Senator Fred Smith
http://www.joinfred.com/content/Pages/show/id/165

Illegal immigrants are counted within the 18 percent cap on out-of-state students, so they do not deprive a N.C. student of a slot at the universities.

If illegal aliens are given in-state tuition, they will be counted in out-of-state quotas according to what we've been led to believe.

Not only will they take up seats of American citizens, the state would actually loose approximately $15,000 per year per illegal alien for each out-of-state student they replace according to numbers they've been throwing around.

If given in-state tuition, we would see the number of illegal aliens who apply shoot up drastically.

How about adding a ninth reason: ILLEGALS SHOULD NOT GET IN-STATE TUITION BECAUSE THEY ARE ILLEGAL!

The public education leaders arguing for in-state tuition for illegal aliens are arguing for granting them a student visa stabilizing their residence and taking away the incentive to leave. Th uncertainty of being able to complete their education without being involuntarily deported is an incentive to leave of their own accord. For whatever benefit we might get from aving them stay here the countries that they came from need them even more.