[Texas:]Suit challenges law allowing college aid to undocumented students

The Monitor ^ | February 05, 2010 | NICK PIPITONE

[SwinneySwitch]

EDINBURG — For Carmen, as for many people, a college degree represents an opportunity for a better future. But her future is far more difficult to ascertain than it is for most U.S. college students.

She is one of several thousand undocumented immigrants attending Texas universities and colleges, according to the Immigration Reform Coalition of Texas (IRCOT).

Carmen — who declined to give her last name for fear that her current employer could face repercussions — came to the U.S. from Chiapas in 1992 at age 14, unsure of what was happening or what her future held.

Now, at 32, she is pursuing a master’s degree at the University of Texas-Pan American with the peace of mind that even if she is forced to leave the U.S., the federal government cannot take away her college education and the hope of better employment in Mexico.

“If I stayed in Mexico, I don’t think I’d have a degree,” said Carmen, who lives in Edinburg. “That’s the difference. If you go ask a few hundred people (on campus), a number of them will have a similar experience.”

Texas is one of 11 states that allow undocumented immigrants to pay in-state tuition rates and receive state grants. IRCOT challenged that law in December, arguing that the state overstepped its authority and violated federal law.

The case was moved from state district court in Harris County to federal court on Jan. 19. It could decide the fate of Carmen and at least another 8,000 undocumented immigrants who are receiving in-state tuition and scholarships in Texas, according to the coalition.

FEDERAL VS. STATE RIGHTS

President Bill Clinton signed into law two immigration omnibus bills in 1996 that, among other things, disqualified undocumented immigrants from receiving many health, welfare and higher education benefits, suchas federal student aid.

[SwinneySwitch]

“They can pay their own way just like somebody from Kansas or North Dakota,”

[gubamyster]

ping

[JustSayNoToNannies]

But her future is far more difficult to ascertain than it is for most U.S. college students.

That's how it goes when you're a lawbreaker. Excuse me if I don't whip out my hanky.

[lone star annie]

Tell you what Carmen, you can go get education in Mexico or pay the fee. I bet she is on the dole and gets a nice pell grant not to mention a scholarship for disadvantatged Hispanics or something like that.

You are taking money that could be used for a well deserving AMERICAN student, not some illegal invader. As a parent of a kid in college, I resent the whining by these poor illegal invaders. I have to pay through the nose, but fortunately, my daughter got two scholarships based solely on merit that helped out a lot.

[stephenjohnbanker]

Throw her out of school, and put her parents in jail. Six months from now deport them all!

[marsh2]

Forget the “pay your own way.” She is here illegally. She is taking a space in the program that should be given to a waiting citizen. Aren't we committing national suicide to invest scarce resources in someone who is not a citizen and may not be here in the future to contribute to society? What about the citizen who was turned down for admittance to the program because their slot was filled by this illegal?

[TADSLOS]

Cry me a Rio Grande, Carmen.

[Eagle Eye]

And when I moved to Texas from Florida, my wife had to pay non resident tuition even though she is a US citizen legally living in Texas.

The college declined to answer my email on the topic.

[freekitty]

Exactly. She is not entitled. If she wants an education; go back to her own country and get one there or at least improve the country for better education instead of mooching off of the US like some deadbeat.

[TXDuke]

I wonder if an out-of-state student could sue the TX schools based on discrimination, after all the legal criteria for determining if a person should pay out-of-state-tuition would require that all illegals pay out-of-state tuition at least.

[SwinneySwitch]

You could ask IRCOT:

http://www.ircot.com/contact.php

[TXDuke]

I was just wondering. I am a Texan and I didn’t know that we allowed this crap. I’m furious about it.

Whenever I take any college classes for ceu’s, etc., I have to provide proof of my TX residency. In fact, I had to provide proof of my TX high school and my TX residency since my high school graduation 15 years ago, if I wanted state grants or scholarships.

I will be contacting my state reps about this crap.

[SwinneySwitch]

“Tomorrow hopes we have learned something from yesterday.” John Wayne

[GrannyAnn]

***Carmen — who declined to give her last name for fear that her current employer could face repercussions***

So that means she has forged/illegal documents, phony SS card, probably driving without a license, no insurance, etc.

Carmen - go home. We don't want criminal immigrants like you.