Discussion of Orrin Hatch's anti-American DREAM Act and similar state laws have been featured here several times in the past. These laws and proposals give illegal aliens discounted college educations but out-of-state U.S. citizens will continue to pay the full price. The DREAM Act hasn't yet passed, but several states have already passed similar laws.
This post directs our attention to this crystal clear provision of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act:
Notwithstanding any other provision of law, 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 (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.
Obviously, those states that have laws giving discounts to illegal aliens must give those same discounts to U.S. citizens, regardless of where they live. That means that - providing this provision is enforced - if they're going to give discounts to illegal aliens, then they have to give a discount to everyone else.
As with other things, the problem now is enforcing the law. In the Kansas case, US District Judge Richard Rogers ruled that the citizens who sued to get Kansas' law overturned had no standing: only the DHS has standing to sue over violations of that provision.
Now, the Washington Legal Foundation has filed a complaint with the DHS for another state:
We filed a complaint against Texas with DHS Office for Civil Rights and Civil Liberties, which is supposed to investigate civil rights violations under the immigration laws. We claim that Texas practice denies the civil rights of US citizens living outside the State who are denied the same in-state rates given to illegal aliens.
Whether the DHS is required to investigate and take action is not known. But, if there's a loophole expect them to find it.
Immigration2005b · Mon, 08/15/2005 - 17:59 · · Importance: 1
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Comments
Only children who have grown up here are allowed to receive in state tuition in some states that chose to do so. The burden of proof is on the child, usually they show school records showing they went to high school in the state.
Out of state citizens don't get in sate tuition because their parents don't pay taxes in the state and the parents of illegal aliens do (the vast majority of illegal immigrants do pay taxes).
Posted by: Kate&Brian at Jan 2, 2006 8:54 AM
If someone shows up claiming to be an illegal alien and asks for the discount, how does the college make them prove they are here illegally?
Posted by: carter at Aug 16, 2005 4:46 PM