instate tuition at Brave New Films

The Debate Over Instate-Tuition - Challenges and Affirmation Part 1

2008-06-26T18:36:41Z

While the DREAM Act does not grant instate-tuition rights to undocumented students, oppoonents of the legislation have effectively spread myths purporting that "illegal aliens can get instate-tuition anywhere" with passage of the legislation. This is baseless and untrue--in state tuition and residency determinations is a state prerogative. Eleven states currently provide in-state tuition to children without legal status in the United States (Texas, California, Utah, Washington, New York, Oklahoma, Illinois, Kansas, Minnesota, New Mexico, and Nebraska.) Thus far, legal challenges and lawsuits filed against these states have been dismissed by courts.

For a legal background of the in-state tuition debate, we first look to Vlandis v. Kline et Al (1973), in which two students who had recently established residency in Connecticut brought suit against the state under § 1983, alleging that the provisions of 1971 Conn. Pub. Acts § 126(a), which created an irrebuttable presumption of nonresidency for purposes of determining tuition between residents and non-residents in the state's universities, violated the Due Process Clause of the Fourteenth Amendment. The U.S. Supreme Court affirmed the suit—“the state was forbidden by the Due Process Clause to deny an individual the resident rates on the basis of a permanent and irrebuttable presumption of nonresidence when that presumption was not necessarily or universally true in fact.” The court concluded that due process required that students should have the opportunity to present evidence of their bona fide residency within the state for in-state tuition purposes.

Applauding Cindy Carlisle for Backing Immigrant Tuition

2008-08-19T00:14:27Z

In the current climate of immigrant scapegoating and spewing hatred towards undocumented students, Colorado Democratic state Senate candidate Cindy Carlisle is displaying courage and wisdom for supporting an instate-tuition bill for undocumented students.

On her website, Cindy states that:

For non-citizens, it's full out-of-state tuition, no scholarships, and very little financial aid from Colorado's public institutions... Undocumented children of undocumented parents should also get in-state tuition, as they do in ten states, if they have been in Colorado at least three years, graduated from Colorado high schools, and sign affidavits pledging to apply for legal status. Scholarships to attend Colorado schools should be available to qualified non-citizens like Nuria, and to undocumented high school graduates too, as in Texas, Oklahoma, and New Mexico.

In Colorado, undocumented students have to pay out-of-state tuition for higher education, which makes it unaffordable to attend college.

The article coverage is here. Please support Cindy Carlisle and other pro-DREAM legislators.

Goof-up - Arkansas Governor on Instate-Tuition for Undocumented Students

2008-06-13T17:28:05Z

The Associated Press and several other news outlets picking up the AP are quoting the Arkansas Governor Beebee for stating that a "legal opinion he signed while he served as the state's attorney general in 2005 clearly showed giving illegal immigrants in-state tuition likely would violate the Equal Protection Clause of the 14th Amendment."

I was immediately curious as to how someone could possibly conceive that instate-tuition for undocumented students would violate the 14th Amendment. It made little sense--if anything, the opposite was closer to the truth. And I was correct. This is what the Governor actually wrote in his 2005 legal opinion:

"First, it is my opinion that the amendment adequately resolves the issue of possible violation of the Equal Protection Clause of the United States Constitution. Both undocumented aliens and U.S. citizens who meet the requirements of attending high school in Arkansas can obtain resident tuition rates and eligibility for scholarships through HB 1525 on the same basis, following the amendment. Because there is no unequal or disparate treatment based on alienage and both groups or classes are treated equally, there is no denial of equal protection. Accordingly, it is my opinion that the amended bill would withstand scrutiny under the Fourteenth Amendment to the U.S. Constitution."

Clearly, either the Governor is being quoted wrongly by media outlets or he has conveniently forgotton his legal opinion in the frenzy to scapegoat immigrant students.

The federal statute in question during instate-tuition debates is 8 U.S.C. § 1623, which 10 states have already circurmvented. Legal opinion on whether instate-tuition for undocumented students violates that federal statute is unresolved and varied at best. Till now, both the University of Arkansas at Fayetteville and the University of Central Arkansas in Conway had offered undocumented students in-state tuition rates. That is about to change.

DREAMers in Colorado - In Pursuit of Higher Ed Dreams

2008-05-31T02:10:43Z

"I don't know how I am going to do it, but I am going to do it. I am going to make my dreams come true."

In 2004, John Hickenlooper made a promise to students from Cole Middle School in Colorado that if they graduated from high school, he would help find resources to help them pay for college.

At the time, Cole was one of the poorest performing schools in the city and about one-third of the students were undocumented. Yet they listened to the mayor, enthused by his promise, and decided to pursue their dreams and beat the odds against them. The time has come for the mayor to fulfill his promise and his office has run into trouble: the undocumented student graduates would be required to pay out of state tuition in the state they have resided-in for most of their lives, and are therefore unable to afford higher education. This is due to a 2006 law by the Colorado legislature that stipulates instate-tuition for only those that can prove citizenship.

Karen Hernandez's parents came to the United States nine years ago. She says she didn't have a choice in the matter. She says she shouldn't be penalized for it now. The high school senior has an A average and she plans to go to Metropolitan State College of Denver and study pre-med. She thought everything was taken care of. Now, she says, "I don't know how I am going to come up with the money."

ICE - Undocumented Students Not Barred from Seeking Higher Education

2008-09-17T17:48:20Z

For the past few months, we have witnessed conflicting points of views expressed by the public officials in North Carolina on whether to allow undocumented students access to postsecondary education. Yesterday, the U.S. Immigration Customs and Enforcement (ICE) clarified once and for all that federal law did not prohibit undocumented immigrants from attending colleges.

Last year, David J. Sullivan, assistant to the president for legal affairs for the North Carolina community college system, wrote to the leaders of the 58 community colleges that, “notwithstanding any policy of the local board, colleges should immediately begin admitting undocumented individuals” as out-of-state residents. Governor Easley agreed while the systemwide President, Martin Lancaster issued a statement saying

"For North Carolina to be competitive in a global economy, it must depend on a knowledge-based workforce which makes it imperative that every future worker in North Carolina receive as much education as possible. To deny a significant portion of tomorrow’s workforce any higher education opportunities will not only hurt these young people who came to North Carolina through no fault of their own, but it will also significantly diminish their incomes forever. The consequences to North Carolina are reduced tax collections and potential payments for social services and incarceration long into the future. This will hit the pocketbooks of those who now oppose maximizing the earning capacity of everyone who lives in North Carolina. This ill-advised position would hurt North Carolina and its economic future and will increase the tax burden of those now screaming the loudest."

Yet, this past week the Attorney General of North Carolina wrongly interpreted federal immigration law, stating that it prohibited undocumented immigrants from attending colleges and North Carolina must stop doing so immediately. This misperception is shared by many and it is about time our officials responsible for upholding immigration law clarified that there was no law on the books that prohibited postsecondary education of undocumented immigrants.

The need for federal action on Immigration

2008-05-02T23:44:52Z

The federal political deadlock over immigration has spurred local counties and states into taking matters into their own hands. In 2007, 1562 immigration bills were introduced in 50 states and 240 enacted in 46 states, compared to 570 pieces of legislation introduced and 84 enacted in 32 states in 2006.

On one hand, we have Prince William County that is paying heavily for cracking down on illegal immigrants, and on the other, Mayor Newsom is spending $83000 advertising San Francisco as a sanctuary city--a symbolic gesture against the likes of Operation Endgame. On the college front, while 9 states are granting instate-tuition to undocumented students, states like Missouri and Virginia have tried to ban the children of illegal immigrants from attending colleges and most just follow a 'don't ask, don't tell' policy. But providing sanctuary or instate tuition and eligibility for scholarships and grants is simply a bandaid -- with all the haphazard irregularities in state, local, and federal laws, undocumented students still face uncertain futures and are at risk for deportation.

Instate Tuition Denied to a US Citizen!

2008-03-22T05:21:48Z

That's right. Instate tuition has been denied to Nelson Lopez, an American citizen in the state of Virginia.

Of course, instate tuition would be denied to any American citizen who is not a resident of Virginia. However, in this case, a young man who has been a legal resident of that state HAS been denied such a right.

How could that be?

When he applied to the University of Virginia where he was accepted, he received an e-mail explaining that if he wanted to pay instate tuition, he needed to prove that his parents are legal immigrants. The Washington Post received this answer as to why Nelson Lopez was denied instate tuition:

"...schools must look at parents' legal status, because students are considered dependent until they are 24 years old. That means the children of parents without legal residency must be considered for out-of-state admission and tuition."

Does that make ANY sense whatsoever?

Fortunately, the decision to prevent Mr. Lopez from attaining instate tuition was taken back by the University, rightly so. Unfortunately, this has happened to other students in the same situation.

Check out the article here.

A War Against Rhetoric

2008-03-08T06:51:02Z

“I don't think they should be here in the first place,” said Rep. Stacey Campfield, the Knoxville Republican who is sponsoring the bill. “We kick kids out of school all the time for bad behavior and criminal activity. I happen to think illegal immigration should be on that list.”

Such are the words of a state representative in Tennessee. I happened to chance upon an article by Janell Ross, a staff writer of the Tennesseean. The article tells the story of another DREAMer who happens to be out of status, and thus unable for instate tuition benefits. It informs of two legislations, both at the state and federal level, that would help these students attend college. The article also hints of a proposal next week that will even bar students from being admitted into public universities.

What I found most interesting about this article was the many responses from readers. I participated in the comments myself in order to understand the rhetoric that the opposition uses. Just like the quote from Rep. Stacey Campfield above, their main tactic was to equate these students with criminals who should be deported. I often pointed about that we are dealing with a very different group of people. However, they seem convinced that “illegal is illegal” and that no student should be even allowed the right to a public education until they begin the process for citizenship.

To return to the quote above, it is very ignorant to say that we are just as bad as misbehaving students. I really don’t understand why people can’t sit down and think before they speak. One thing is for certain: our attempts to succeed in life somehow upsets many of the opponents, to the point that they think we live better lives than American citizens. Do they blame their problems on us? I feel that’s the case.

Check out the article and the comments here.

Don't Ask, Don't Tell (and don't be afraid)

2008-06-07T09:34:39Z

No, this post is not about the United States military's homophobic silencing of gays and lesbians in the armed forces. It pertains to the policy adopted by colleges and universities around the country that have to deal with undocumented students.

Undocumented high school students, upon graduation, are faced with limited options for higher education unless they can afford outrageous out-of-state tuition and apply to colleges that allow undocumented students. While some fellow DREAMers confirm that it is virtually impossible for them to attend college in their respective states (i.e. Florida), admission officials from several colleges have stated that they do NOT serve a police function.

By this, I mean that when you apply to higher education institutions as an undocumented student (and I can vouch for community colleges, state and UC schools in California), you are promised confidentiality and the college does not bother to alert DHS or ICE about your status. Seriously, their role is to educate (and take money from you), not serve a policing function. In a recent news article, assistant director of admissions at Boise State University has stated that "We take all students at their word. That they are providing us with the truth. For admission, a student would not be caught. We don't research. We don't ask for documentation and such." Just take a look at this powerpoint slide developed at the 2007 Counselor Conference of the University of California university system called "Assisting Undocumented Students in Higher Education."

It is best to call and ask schools about their policies regarding undocumented students. On application forms, I have noticed a "Don't Ask, Don't Tell" procedure - Do not offer yourself up as an undocumented student unless the school contacts you about your status, mostly to ascertain residency for tuition purposes. Fill out the required residency forms with complete honesty. Unlike the military, you will not be banned from higher education for being "out."

Watch the video

DREAM Act of 2007: Up Close and Personal

2008-02-22T13:32:41Z

A friend and I agreed that it's best if we explain together the DREAM Act (Development, Relief, and Education for Alien Minors Act of 2007) in detail; so far, we've mentioned the DREAM Act briefly and decided that it merits analysis. We hope that this spurs some discussion on some of the provisions of this act and informs students who may not know the full details of this act.

Sections 1 and 2 deal with the title and definitions used in the DREAM Act. Section three deals with instate tuition.

According to the act,

SEC. 3. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

(a) In General- Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.

(b) Effective Date- The repeal under subsection (a) shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 3009-546).

This section deals with the controversial clause to give the states the right to provide instate tuition for students like us.

Section 3a refers to the following section in the act it quotes from:

(a) In General.--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 (or a political subdivision) 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.

In other words, instate tuition falls under such a category. However, states like Illinois have been able to get around this clause. More interesting, however, is the following:

(a) GAO Study and Report.--

(1) Study.--The Comptroller General shall conduct a study to determine the extent to which aliens who are not lawfully admitted for permanent residence are receiving postsecondary Federal student financial assistance.

(2) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit a report to the appropriate committees of the Congress on the study conducted under paragraph (1).

Maybe before moving on this with analysis, I should first get a hold of these findings. In the meantime, for now, I leave this question open to all students and our viewers. Should the DREAM Act include instate tuition? This was a question that even students like us debated when the DREAM Act was presented last year, so that it would make it more “palatable” to legislators.

Trouble in Utah: the Battle for Instate Tuition

2008-02-12T19:56:30Z

It seems that the state Senate in Utah will vote soon on House Bill 241. Its aim: to prohibit undocumented students who have lived in the state of Utah for most of their lives from paying instate tuition.

What is the rationale for this? According to Rep. Glenn Donnelson, R-North Ogden, "I feel that everyone ought to have an education, but what we're telling these students is that if you graduate you can get a good job, and that is not the case."

I disagree. These students know about their status; they are well aware that without a path to legalization, they obviously know they cannot work legally. But here is the reason why he wants this to pass: He said that by encouraging illegal immigrants to get a college education, the state is effectively encouraging them to get falsified documents so they can become employed.

There are many leaps of logic here. First of all, if someone should major in... let's say, education or biology, in order to apply to most professional jobs, one needs a series of background checks and licensure. These require one to be legally in the country. So according to this logic, these students will fool their employers in their professions with phony IDs. What a bright and insightful conclusion!

The Associated Press also states, "The bill's supporters say offering in-state tuition encourages illegal immigrants to settle here." Which immigrants are they referring to? Most of the adult immigrants that come into this country settle in areas where there are jobs. I seriously doubt that they also think about places where their children can receive instate tuition.

The bill passed in the House tuesday. The AP predicts that there will also be a close vote in the state Senat soon.