Immigration and Education: The Battle over Funding

July 10, 2011 (Press-News.org) Immigration has always been a hot-button issue in the United States. Many states have started to draft legislation that makes it extremely difficult for people here illegally to receive benefits of any kind. In addition to tough new rules, legislators and other groups have begun to attack or repeal laws already in place that will prevent undocumented immigrants from receiving benefits offered to U.S. citizens.

One of the most pressing controversies deals with the issue of an undocumented immigrant's access to higher education. With many states facing budget deficits, there simply is not enough money to go around. Legislators want to ensure that the funds they have available are being used properly, and have begun to propose laws that would prevent undocumented immigrants from receiving in-state tuition to state colleges and universities. Residents are concerned that immigrants in the country illegally are getting tuition breaks instead of U.S. citizens, and have focused on changing these rules to limit an immigrant's access to an affordable education.

Federal Rules Already in Place

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) was initially passed in 1996. The law basically made it impossible for undocumented students to be eligible for any type of benefits, such as financial aid or in-state tuition, if they wished to continue their education after they graduated from a U.S. high school. In 2001, IIRIRA was updated to prevent states from enacting laws that would confer benefits to undocumented students simply because the students lived in the area. In essence, IIRIRA was attempting to ensure that any benefits potentially available to immigrants would also be available to U.S. citizens.

After IIRIRA went into effect, many states began passing laws that allowed immigrants access to in-state tuition, but left residency out of the requirements. This meant the benefits were available to both undocumented immigrants as well as U.S. citizens. However, this did not prevent these laws from facing legal challenges.

U.S. Supreme Court Allows California Law

The Supreme Court recently decided not to hear a case that involved the California law that addressed this issue. The law listed several requirements that must be met in order for a student to receive in-state tuition rates for California State University or California Community Colleges. Students must have attended a California high school for three or more years, and have graduated (or its equivalent) from a California high school. Students who were not properly documented needed to show the college or university that they were taking steps to legalize their immigration status.

The case originally started when a group of students who graduated from non-California high schools decided to challenge the law after they were forced to pay out-of-state tuition when attending California colleges. The students contended that the statute had benefited illegal immigrants while hurting lawful citizens, putting the law in direct conflict with IIRIRA. The issue made its way through the courts, with the California Supreme Court holding that the law as written did not interfere with federal rules in place.

The court based its decision upon many different factors. Since the benefits were available to nonresidents, for example to students who attended boarding schools in California even though their parents or guardians lived in other states, the rule did not confer a benefit simply to undocumented aliens. The students petitioned the U.S. Supreme Court to hear the case, but the court declined.

Similar Laws in Other States

Eleven other jurisdictions currently have laws that address the in-state tuition issue as well. Oklahoma's statute has also been the subject of controversy since it was passed. The Oklahoma rule allows in-state tuition for undocumented immigrants if they graduated from an Oklahoma high school and lived in the state for at least two years prior to graduation.

The law faced a challenge over its constitutionality. The Oklahoma Supreme Court recently held that the purpose of the rule was to prevent illegal immigration. Since the tuition statute did not address those who received their G.E.D., this particular portion of The Oklahoma Taxpayer and Citizens Protection Act of 2007 was found to be unconstitutional.

Legislators in the state proposed several bills this past session designed to get tough on the issue of immigration. Many of the bills stalled, but immigration remains a high priority within the state legislature.

Uncertain Future Ahead

Many states have started the process of implementing laws that would explicitly provide avenues to financial aid for undocumented students, including aid that comes from public funding. Nationally, legislators are trying once again to pass the DREAM Act, which would provide temporary residence to undocumented immigrants who wished to attend college or serve in the military.

Despite these proposals, this issue remains divisive across the country. While the U.S. Supreme Court did not hear the case concerning the California law, there may very well be legal challenges to the laws in other states. It may be possible that one of these cases will eventually be heard, which could have a dramatic impact on the laws already in effect.

If you have questions about an immigration issue, speak to an experienced attorney in your area. Whether it is a business or family immigration matter, it is important to follow the proper procedures to ensure that the process goes smoothly. Any mistakes could have serious consequences that may be difficult to reverse.

Article provided by Sharma Law Firm
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