From The American Legion Booklet 'A Strategy to Address Illegal Immigration In The United States':

Pages 8 and 9

EDUCATION:


The U.S. Supreme Court ruled in Plyler v. Doe in 1982 that illegal alien students are entitled to enroll in U.S. public schools at taxpayer expense. The ruling was made immediately prior to the 1986 amnesty and it was believed at the time that the illegal alien students would be amnestied as a result of the program. Also, the number these students was small enough at that time that it would not create a significant hardship on the United States taxpayers.

The Court provided an escape from this directive. It noted in the decision that the congress could reversed the decision if the illegal alien students prove to be a financial hardship to the taxpayers and if the students who are legally residing in this country begin to have their own education negatively impacted by the presence of the illegal alien students. Both of these conditions apply today.

The impact of illegal immigration on education extends beyond the secondary school level. Several states, including California, Kansas, New Mexico, Oklahoma, Texas, Utah, and New York, have passed laws granting in-state tuition rates for illegal aliens, an action in direct defiance of federal laws. Title 8, Chapter 14, Sec. 1623 states: "an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State....for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit.

Despite the federal statute, U.S. House Speaker Nancy Pelosi (CA) said in February 2007 that she intends to move legislation that would improve citizenship and education opportunities for illegal immigrant students. The proposed federal legislation reverses Arizonia's Proposition 300 requiring public colleges and universities to charge illegal immigrants out-of-state tuition rates.

The Colorado Alliance for Immigration Reform describes in-state tuition for illegals as "an amnesty disguised as an educational initiative." The American Legion agrees.