ILNews

Laws on immigrant tuition vary

Back to TopCommentsE-mailPrintBookmark and Share
Indiana Lawyer Focus

Republican presidential candidate and Texas Gov. Rick Perry recently made statements at a town hall meeting in support of in-state tuition for undocumented immigrants – a courtesy the Lone Star State has offered for the past decade.

In a speech at the 2001 U.S.-Mexico Border Summit, Perry said “We must say to every Texas child learning in a Texas classroom, ‘We don’t care where you come from, but where you are going, and we are going to do everything we can to help you get there.’” He went on to say that children of undocumented workers in Texas were deserving of a resident tuition rate. “Those young minds are a part of a new generation of leaders, the doors of higher education must be open to them.”

But other state governments – including Indiana’s – disagree with Perry’s point of view.

A patchwork of laws

Since the 1996 creation of the Illegal Immigration Reform and Immigrant Responsibility Act, state governments have debated the wording of IIRIRA Section 505, which addresses college tuition rates for undocumented immigrants.

Without any accompanying congressional report language to provide guidance, states developed their own approaches for handling this touchy subject. California, New Mexico and Texas – along with nine other states – enacted laws that extended in-state tuition rates to undocumented immigrants. Oklahoma has since amended its law, leaving the decision on in-state tuition to the state’s Board of Regents, which so far has continued to allow it for undocumented immigrants.

This year, Indiana became the fourth, and northernmost, state to pass a law that prohibits in-state tuition for undocumented immigrants, joining Arizona, Colorado and Georgia. Two additional states – South Carolina and Alabama – have been sued for their laws prohibiting undocumented immigrants from enrolling in their state-funded colleges.

In Indiana, undocumented immigrant students are immediately feeling the impact of Public Law 209 as they struggle to find funding for college or find they have no choice but to drop out. Angela Adams, an immigration attorney at Lewis & Kappes, thinks Indiana could benefit from studying how other states have been able to enforce immigration policies, yet provide opportunities for immigrants who want to become educated, civically engaged members of society. Texas, she said, is a good model to study.

immigration“They’ve got many generations of Latino leaders. We don’t have that yet. We don’t have immigrants that are integrated into our leadership positions. I think that’s part of it,” she said. “But I also think Texas is a border state, and while you have issues like border enforcement, you also have the other side of the coin – you see the potential, you see the need. If we don’t educate these kids, what are they going to do?”

Research and findings

In April 2011, the Latino Policy Institute at Roger Williams University in Rhode Island released its report, “The Effects of In-State Tuition for Non-Citizens: A Systematic Review of the Evidence.”

The report found flaws in arguments both for and against in-state tuition for undocumented immigrants. The institute’s review found little support for the claim that providing in-state tuition to undocumented immigrants is a financial burden for states. The two studies that support that claim were produced by the Federation for Immigration Reform and the Center for Immigration Studies – both known for advocating stricter immigration laws. Neither report included information about statistical significance or standard error.

The Latino Policy Institute found that further research must be conducted to adequately assess the fiscal impact on states of tuition policies for undocumented immigrants. It also found that increasing enrollment rates for Latino non-citizens could lead to decreased high-school dropout rates, as many Latino non-citizens – knowing they may never attain a college education – may lose hope and drop out of high school.

In its June 2011 issue brief, the Alliance for Excellent Education reported that 7,000 students drop out of high school every day, adding up to just more than 1 million annually. The brief said that government spending for people who lack a high school diploma is typically greater than it is for those with higher levels of education because dropouts are more likely to be incarcerated and/or receive welfare or public health care.

Nationwide in 2009, the high school dropout rate for Hispanic youth was 17.6 percent – more than twice the national average of 8.1 percent, according to the National Center for Education Statistics.

The DREAM Act

Young, undocumented immigrants have been pinning their hopes on the Development, Relief and Education for Alien Minors Act, which creates a path to citizenship for immigrants who complete at least two years of college or military service. The federal legislation has been repeatedly introduced for the past 10 years, and it has failed every time.

Once a proponent of the DREAM Act, Sen. Richard Lugar, R-Ind., withdrew his support of the legislation in May. Lugar said his decision was motivated by a speech by President Barack Obama, in which the president framed immigration as a “divisive election issue instead of attempting a legitimate debate on comprehensive reform.”

Adams and others who hope for a brighter future for young undocumented immigrants wonder if the DREAM Act may be gaining the momentum it needs to pass. While she knows Lugar has withdrawn his support of the DREAM Act, she is optimistic that he may take up the cause again.

“It almost passed last time, so we hope champions like Sen. Lugar hopefully will continue to push the DREAM Act, and maybe it will happen in the future,” she said.

But even if the DREAM Act does pass, undocumented immigrants who live in states where they can’t qualify for in-state tuition may still be unable to go to college.•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

ADVERTISEMENT