Posted on 02/01/2005 4:27:27 PM PST by ken21
Tuition law for illegal immigrants challenged Lawsuit filed in says Kansas law, similar to Texas', violates federal statute
By Juan Castillo
AMERICAN-STATESMAN STAFF
Tuesday, February 1, 2005
Almost four years after Texas became the first state to make in-state college tuition rates and financial aid available to immigrant children regardless of their legal status, a lawsuit filed in Kansas threatens Texas' law as well.
Gov. Rick Perry enacted House Bill 1403 in 2001, and supporters hailed it as a compassionate way to help immigrants attend college.
By fall 2003, nearly 4,800 students had taken advantage of the law at state institutions in Texas. Seven other states, including Kansas, passed similar laws.
But the Washington-based Federation for American Immigration Reform, which opposes illegal immigration, sued in July, challenging Kansas' law on behalf of about two dozen out-of-state students and their parents.
The lawsuit argues that the Kansas statute violates a 1996 federal law barring states from giving public benefits to immigrants who are in the country illegally. It contends that the state is violating another 1996 law forbidding states from granting undocumented immigrants residence status so they can qualify for in-state tuition.
Because the Kansas and Texas laws are similar -- both require students to live in the state at least three years before graduating from high school, and to declare an intention to seek legal resident status as soon as eligible -- an adverse ruling could undercut Texas' program.
"This would set a legal precedent," said federation media director Ira Mehlman. "Under federal law, any benefit a state makes available to an illegal alien must also be made to any legal resident of the United States, irrespective of whether they are residents of that particular state."
But immigrant advocate groups monitoring the case say Kansas, Texas and other states are not violating federal law because the requirements they set for in-state tuition apply to all students, whether in the country illegally or not.
"This is good policy because it behooves us to educate those who have already integrated into our communities, who are part of our communities, who want to contribute both to our local and federal economy," said Melissa Lazarin with the National Council of La Raza in Washington.
Kris Kobach, the federation's attorney, said he expects a judge to rule in the case this month or early March.
"We're very concerned about what kind of effect this is going to have," Marisol Pérez, an attorney for the Mexican American Legal Defense and Educational Fund, said recently.
The legal challenge is at the heart of a national debate about immigration and, specifically, what to do about educating the country's growing immigrant children population.
An estimated 1.5 million undocumented children live in the United States, many who came not by choice.
Pérez, who spoke at last week's Texas Association of Chicanos in Higher Education conference in Austin, said the federation is well-funded and is seeking to capitalize on an anti-immigrant climate. The Kansas case, she said, is "certainly having a chilling effect with the immigrant communities."
At their meeting, the Chicano educators and administrators also rallied behind federal legislation known as the Dream Act. The measure, which has bipartisan support and has been introduced every year since 2001, would allow some undocumented students to apply for legal residency, which could lead to citizenship.
An estimated 65,000 immigrants without legal status, who have lived in the country for at least five years, graduate from U.S. high schools each year. For most, college is unaffordable. But even if it were, the students cannot legally hold jobs in the United States.
Lazarin said La Raza is working with Congress to reintroduce the Dream Act.
Mehlman said the federation still opposes the legislation because members think it provides amnesty in addition to a taxpayer-subsidized higher education. He said proponents argue that those the Dream Act would help are in a quandary not of their making.
"But it is the parents who put them in that position by knowingly breaking the law," Mehlman said. "We all end up suffering for mistakes our parents make. . . . But we hold the parents responsible in our society."
A new student group at the University of Texas, Jovenes Immigrantes por un Futuro Mejor (Immigrant Youth for a Better Future), will press for passage of the Dream Act "because we already have students who are graduating (from college) and there is no prospect for them getting work authorization anytime soon," said Alejandra Rincón, immigrant students college coordinator with the Austin school district.
jcastillo@statesman.com; 445-3635
No, we're being smart. An educated population is an asset. We're willing to spend our own tax dollars to educate our residents so that they will be more productive and contribute more to our state.
Why the hell should we have to subsidize some Michigan-American who is going back to Michigan and vote for Congressmen who raise our taxes. If Michican-Americans want their kids to get a college education they should tax themselves more and build more colleges.
HEY, ALL YOU NON-TEXANS: If you don't like the way we Texans run our universities, don't send your rotten kids here to go to them.
You are vying for the looniest poster award, right Rodney?
So now I'm paying three times the $$$ for tuition at college in Texas than any illegal Mexican pays in Texas. I noticed this fact while sorting through the convoluted residency-for-tuition-purposes laws. It blows. But I suppose politicians who have reached the highpoint of their careers, having already completed their educations, now just want to be "loved" by another voting block, don't give a rat's ass about American CITIZENS who are trying to move up.
I say, if you are going to give such a huge break to an *illegal* immigrant, why not me?
Why? Our Texas colleges and universities are for TEXANS, not yankees and Californians. Not all Americans are TEXANS and not all TEXANS are Americans. When someone: Lives TEXAN Works TEXAN Talks TEXAN Walks TEXAN Thinks TEXAN Worships TEXAN Looks TEXAN Eats TEXAn Plays TEXAN Pays TEXAN taxes Supports TEXAN professional sports teams and loves TEXAS, They are TEXANS, and deserve the same rights and privileges as all TEXANS. Who cares if they're not Americans. Texas taxpayers don't get to say who's an American and who isn't. And a bunch of jealous yankees shouldn't prevent us from saying who's a TEXAN and who ain't.
Maybe I'm misinterpreting you, but you make it sound as if there's nothing you can do about it, that it's a fait accompli.
Hint: you don't have to vote for the people who treat you with a different legal standard than illegal aliens.
That includes people who are ostensibly "conservatives", and say things like "well, who ya gonna vote for if not me?".
He's the one pushing this latest wave of illegal acceptance. He's pushing it hard, and we have been sitting around for a couple of years now trying to figure out why. It's political suicide.
It doesn't just violate federal law. It violates the liberal's most sacred amendment -- the 14th.
dude.... you're just totally incoherent. It's becoming entertaining.
corporations and companies are owned by europeans. here's one example, a spanish-mexican marrying the u.s. ambassador to mexico:
U.S. Ambassador to Mexico Tony Garza is engaged to marry Maria Asuncion Aramburuzabala -- Mexico's richest woman -- an embassy official said Sunday. Garza, a second-generation American whose four grandparents were from Mexico, was appointed ambassador in 2002 by U.S. President George W. Bush. Aramburuzabala is vice chairwoman of Grupo Modelo, the maker of Corona and Negra Modelo beers. Aramburuzabala's grandfather, a Spanish immigrant, founded the brewery.
another billionaire is carlos slim, but unlike most of the european mexican billionaires, he's from a lebanese background, but still white:
Slim, listed by Forbes magazine in 2002 as the world's 17th richest man with a fortune estimated at $11.5 billion, controls companies that comprise almost half the market value of Mexico City's stock exchange. Those holdings include Telefonos de Mexico SA, Mexico's largest telephone company, and America Movil SA, Latin America's biggest cellular telephone company. He also sits the board of Altria Group Inc., the holding company for tobacco maker Philip Morris USA, and SBC Communications Inc., the second-largest U.S. local-telephone company.
mexican professionals are mostly white. overly dark-skinned people are shunned.
then there's mexico's manorial class. multiple homes, maids, properties, investments.
then there's the lower middle class of shop owners, small businesses. but they have a hard time of it due to the countries' napoleonic law. bribes are frequent. i saw a small home owner lose her property because some crooked rich guy bribed the courts.
next are the majority of mexico's population--the mixed bloods, of european and indian descent, and of varying skin colors. these are the ones we see in the united states, generally brown-skinned. occasionally there is a red head and white skinned guy.
these people have no opportunities in mexico. the racist elites hate them and deny them the civil life and upward mobility that we take for granted in the u.s. usually they go to only the public 6th grade; education beyond that requires money for private education. finally, there are the indians, especially those of southern mexico, like chiapas. they are the bottom of the bottom. the mexican plantation owners do what they want. you'll remember ten years ago revolutionary groups there and the mexican army protecting the rich.
Liberals want to keep the illegals here and provide college educations for them - thus depriving Mexico of some of its most motivated citizens. Think of what the illegals could do if they returned home, became legal again, and began to improve their home countries.
i agree, but they don't do that.
i've written many times on this forum about mexicans that i know who went back to mexico, but they are a tiny minority.
they all want to stay here because they're discriminated against in mexico.
i thought 20 years ago that masses of them would return, set up businesses, demand equality, and change mexico.
it hasn't happened.
Yes, Mexicans are very racist. Not only toward those lower in the pecking order (or above) but also other countries. No love lost toward the Puerto Ricans or the Central Americans.
One evening, my wife was in the grocery store when one of these Chiapas came in to ask directions. Quite a rarity around here, he spoke no English and looked very out of place.
My wife speaks fluent Spanish and answered his question (he was looking for a church - underground railroad type probably) and even gave him a short lift down the road. He explained who he was and why he was here during this ride. The racism toward his people came up (part of the reason why he was here) and the reason why he was seeking this church.
My wife had no idea he was illegal until she gave him a ride. As it was, she felt very conflicted afterward but still believed that he should not be here.
How the hell is this thread still going on. Some crazy person posted to me.
LOL!
Thought the topic looked familiar.
you must be doing house cleaning, and came across this months-old article!
Maybe next time they should fill out the necessary paperwork. Have you thought about how CA is bankrupt? It's not my fault they have fake SS numbers. They are draining the system.
"" Is it illegal to come into our country to do jobs that we upright Americans(by the luck of our birthplace)refuse to do? It is currently illegal but should it be? ""
If you come here illegally, then yes.
No one cleans my dishes, picks up after me and my house and I'm sorry I don't farm.
Fill out the paper work- and you are welcome here. If not Go home.
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