Thread: ACLU: N.J. Denies Aid to U.S.-Born Children of Immigrants

ACLU: N.J. Denies Aid to U.S.-Born Children of Immigrants

An American-born high school student from New Jersey has been denied state tuition assistance because her mother is an illegal immigrant, according to the American Civil Liberties Union.

The ACLU and a Rutgers University legal clinic are representing the high school senior — identified only as A.Z. — in an appeal filed on her behalf in a case they claim violates both state and federal laws.

The student, a lifelong New Jersey resident and graduating senior, applied for a Tuition Aid Grant from the state's Higher Education Student Assistance Authority, or HESAA. Her state aid application was rejected, according to the ACLU, with the explanation that "her parents are not legal New Jersey residents."

HESAA representative, Marnie Grodman, the acting director of legal matters for the agency, said she could not comment on active litigation or specific student cases. She requested any further questions be sent by email, and a message sent seeking HESAA's policy on the immigration status of an applicant's family members, and the number of similar cases the agency has rejected, was not immediately returned.

Ronald K. Chen of the Rutgers Constitutional Litigation Clinic said immigration and legal advocacy groups have been seeing similar cases in recent months in New Jersey, amid an ongoing, contentious debate over student tuition eligibility as it relates to immigrants or their children.

"As far as we can tell, it's not an isolated incident or a bureaucratic mistake; it's clearly a policy decision HESAA has decided to take," Chen said. "We respectfully think it's not lawful to discriminate against a U.S. citizen because of their parent's status."

Chen said the student at the center of the case was a hardworking senior at the top her class. He declined to give her hometown or her mother's nationality, saying the groups wish to protect the family's identity.

The appeal, filed Thursday with the Appellate Division of New Jersey Superior Court, argues that the immigration status of an applicant's parents is not listed as a determining factor in the legislation that created the aid program. They claim the denial violates equal protection laws.

Chen added that even if the application mentioned the immigration status of the parents as a prerequisite, it would be superseded by federal and state constitutions that forbid discrimination against U.S. citizens because of a parent's status.

Read more stories about the ACLU of New Jersey
Related topics: aclu-nj, rutgers-university

http://www.nj.com/news/index.ssf/2011/0 ... ed_du.html

Boo hoo hoo...Mommy ain't legal so she's paying zilch INTO any funding. So I fail to see why WE should continue to pay for her anchor's further education! She got 12 Years of FREE education, if she wanys MORE she can PAY just like everyone else!!!

In the meantime, how many citizen children of citizen parents are denied scholarship or other financial assistance?

this was On the other day I said he should be denied
NO amnesty

How can you prove what the parents are making in order for the kids to receive financial aid or state tuition assistance? You can't because they are, as they say, undocumented!