Let graduates brought here as illegals attain permanent status

East Valley Arizona Tribune ^ | editorial

[hsmomx3]

That opportunity now lies before Congress in the form of legislation that would allow children of immigrant families to further their educations and careers after high school. It is important in the East Valley because each year, some very bright kids hit a brick wall at graduation, with enormous personal and social consequences. The young people in question were brought here by their parents. While the parents may have come or stayed illegally, the children had no say in the matter.

But the kids do receive one great benefit — a free public education through grade 12. The law requires public schools to accept all comers, no questions asked as to immigration status.

But once that diploma’s in hand, life gets hard for youngsters with no legal permission to be here. They can’t get a driver's license or a legitimate job, and they can’t attend one of Arizona’s three public universities without paying $13,000 a semester for international tuition. You could be a valedictorian and captain of the football team for all the law cares, but now you’ve hit a dead end.

The Student Adjustment Act, freshly introduced in Congress, would provide permanent residency status to students 21 and younger who have lived in the United States continuously for at least five years and are earning their high school diplomas. The students also must have no criminal record and be applying for college to be eligible.

Some object because this would be just another inducement for illegal immigration, but it’s doubtful the dirt-poor people who come here are thinking that far down the road. They’re here to do landscaping and lay bricks so they can eat for the next day or two; college for their kids is probably the farthest thing from their minds.

Keep in mind, too, that even if the law is not passed, these youngsters are not likely to return to their countries of origin; for many, this is the only home they’ve ever really known.

So we can either consign them to a lifetime of frustration, poverty and attendant social problems, or we can give them a chance to move ahead, earn a decent living and become productive members of the melting pot.

The choice seems like a no-brainer. Saying no would be a no-hearter.

[hsmomx3]

I found this at http://www.phxnews.com

This makes my blood boil!! Free education, my arse!!!!!

[Sparta]

ping

[goldstategop]

LMAO! I would like the State Of California to give me a full refund for my education at CSU. Both undergraduate and graduate level. And yet illegals should get education for free. Or am I missing something here??

[Joe Hadenuf]

Bump.....

[Tancredo Fan]

The choice seems like a no-brainer. Saying no would be a no-hearter.

How idiotic. Getting Plyler vs. Doe overturned would be much better for America. I say round them out, pitch them back to wherever they're supposed to be, and let them fix whatever problems their criminal parents fled.

[Mears]

No one paid for my five kids' college educations but me. Who the hell do these people think they are?

[free me]

Is Plyler vs. Doe the horrible decision that gives illegals the right to public education? If so it is one of the main problems and should be overturned. In fact I would say it is the biggest step we could take to stop illegal immigration.

[E. Pluribus Unum]

Maybe we should just set bank robbers free and let them keep the money.

[Chi-Town Lady]

"But the kids do receive one great benefit — a free public education through grade 12. The law requires public schools to accept all comers, no questions asked as to immigration status."

Yeah they receive a benefit to them that is free. The rest of us have to pay for it. Just like these ingrates to take their free education (courtesy of American taxpayers)and then COMPLAIN because they cannot get more. Send their criminal parents and them back to where they came from!

[judgeandjury]

While the parents may have come or stayed illegally, the children had no say in the matter.

The children are also illegal aliens and should be deported along with their illegal alien parents ASAP.

[Tancredo Fan]

Is Plyler vs. Doe the horrible decision that gives illegals the right to public education?

That's the one. When that loony left wing Judge Mariana Phaelzer, in cahoots with the anti-American Ford foundation-funded MALDEF, put the pox on California's voter-approved proposition 187 the next step would have been to send the prop. to the Supreme Court in an effort to overturn the wretched Plyler vs. Doe decision. It appeared likely that would happen, too.... that is until Gray Davis teamed up with the corrupt Mexican government and MALDEF and killed it. Now look at California. It's like a great big Tijuana, and is teetering on the brink of bankruptcy.

I found this summary of Plyler vs. Doe.

[ladyjane]

The average American has no idea how serious the situation is. I have a number of friends who do construction. They can't compete against the illegals. Each ethnic group has a specialty. For example, the Vietnamese do the hardwood floors. Illegals work off the books and don't pay taxes.

[judgeandjury]

Some object because this would be just another inducement for illegal immigration, but it’s doubtful the dirt-poor people who come here are thinking that far down the road.

Another misleading statement from the left. Word spreads very quickly among illegal aliens, both those already here and those thinking about coming here. Illegal aliens know about every free giveaway and every social program (paid for by us taxpayers) and every loophole in our laws. If pregnant illegal aliens are wise enough to slip over the border right before giving birth to their new U.S. citizen baby, then they're probably very aware of all of the other goodies that they can get from the United States.

[dennisw]

Makes ya wanna vomit. I thought these illegals come here to do the jobs Americans just won't do. In that case their children should do the same, head off to the lettuce fields and the meatpacking plants etc. and most definitely don't reward criminality with legalization. They are citizens of Mexico or whatever 3rd world hole they wandered in from. Never citizen of the United States.

Reward illegal aliens and you'll only get a lot more. Give a lot Mexicans/Central Americans etc. the incentive to come here illegally with their children.

[dennisw]

Illegal aliens know about every free giveaway and every social program (paid for by us taxpayers) and every loophole in our laws.

They network and exchange scam info and tips like you wouldn't believe. Which gubber'mint welfare programs are easy to latch onto parasite like.

[harpseal]

But once that diploma’s in hand, life gets hard for youngsters with no legal permission to be here. They can’t get a driver's license or a legitimate job, and they can’t attend one of Arizona’s three public universities without paying $13,000 a semester for international tuition. You could be a valedictorian and captain of the football team for all the law cares, but now you’ve hit a dead end.

Let them immigrate leaglly to the USA if they wish to be here. Otherwise get out of my country. These people are not American citizens, and they are not even legal residents. Get them out now.

[wolfdaddie]

You are another liberal socialist who for some reason can not get your brain around the term "illegal". Try to extrapolate: with no limit on the number of illegal aliens in this country, soon to be with matricula consular ID cards, guess who will be voting "democrat" each election in order to get more from the public trough???? HMMMMM????

Talk about a no-hearter? As long as the carrot is there to entice more illegals and smugglers, more human beings will die in overheated tractor trailer rigs. You want to reduce the possibility of that happening? Close the borders and control the inflow of central Americans and Arabs, e.g. Al-Qaeda. Sorry, hsmomx3, you are wrong on this one. BTW are you a high school educated mother of 3? Bet you want to pay more taxes too dont cha?

[hsmomx3]

I DID NOT WRITE THIS!!! I posted it.

[supercat]

Is there any legal or constitutional reason why illegal alien parents of citizens ("anchor babies") must be allowed to remain in this country?

I know, the odds of anyone having the intestinal fortitude to kick 'em out is pretty remote, but would there be any legal or constitutional problem with ruling that illegal alien parents of "anchor babies" are to be forbidden permanently from entering this country, under penalty of a ten-year prison term?

[Marine Inspector]

HR 1684 IH

108th CONGRESS

1st Session

H. R. 1684

To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine state residency for higher education purposes and to amend the Immigration and Nationality Act to cancel the removal and adjust the status of certain alien college-bound students who are long-term U.S. residents.

IN THE HOUSE OF REPRESENTATIVES

April 9, 2003

Mr. CANNON (for himself, Mr. BERMAN, Ms. ROYBAL-ALLARD, Mr. BONILLA, Mr. DREIER, Mr. GEORGE MILLER of California, Ms. ROS-LEHTINEN, Mr. HOYER, Mr. LINCOLN DIAZ-BALART of Florida, Mr. GUTIERREZ, Mr. MARIO DIAZ-BALART of Florida, Mr. WU, Mr. NUNES, Ms. JACKSON-LEE of Texas, Mrs. WILSON of New Mexico, Mr. RODRIGUEZ, Mr. WELLER, Mr. DOOLEY of California, Ms. HART, Mr. MENENDEZ, Mr. KING of New York, Mr. PASTOR, Mr. TIAHRT, Mr. MATHESON, Mr. SMITH of New Jersey, Mr. MCNULTY, Mr. RENZI, Ms. LINDA T. SANCHEZ of California, Mr. SHAYS, and Ms. SOLIS) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

---

A BILL

To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine state residency for higher education purposes and to amend the Immigration and Nationality Act to cancel the removal and adjust the status of certain alien college-bound students who are long-term U.S. residents.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Student Adjustment Act of 2003'.

SEC. 2. 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 (division C of Public Law 104-208; 110 Stat 3009-672; 8 U.S.C. 1623) is repealed.

(b) EFFECTIVE DATE- The repeal made by subsection (a) shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

SEC. 3. ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESIDENT STUDENTS.

(a) IN GENERAL- Section 240A of the Immigration and Nationality Act (8 U.S.C. 1229b) is amended--

(1) in paragraph (3) of subsection (b)--

(A) by striking `paragraph (1) or (2)' and inserting `paragraph (1), (2), or (3)' each place it appears;

(B) by redesignating such paragraph as paragraph (5); and

(C) by moving such paragraph to follow paragraph (4);

(2) by inserting after paragraph (2) of subsection (b) the following new paragraph:

`(3) SPECIAL RULE FOR CHILDREN IN MIDDLE OR SECONDARY SCHOOL-

`(A) AUTHORITY- Subject to subparagraph (B), the Secretary of Homeland Security shall cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien demonstrates that--

`(i) the alien has not, at the time of application, attained the age of 21;

`(ii) the alien was physically present in the United States on the date of the enactment of the Student Adjustment Act of 2003 and has been physically present in the United States for a continuous period of not less than five years immediately preceding the date of such application;

`(iii) the alien has been a person of good moral character during such period; and

`(iv) the alien, at the time of application, is enrolled at or above the 7th grade level in a school in the United States or is enrolled in or actively pursuing admission to an institution of higher education in the United States as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

The Secretary of Homeland Security shall provide a procedure by regulation allowing eligible individuals to apply affirmatively for the relief available under this paragraph without being placed in removal proceedings. An alien shall not be considered to have failed to maintained continuous physical presence in the United States for purposes of clause (ii) by virtue of brief, casual, and innocent absences from the United States.

`(B) RESTRICTIONS ON AUTHORITY- The provisions of this paragraph shall not apply to any of the following aliens:

`(i) An alien who is inadmissible under section 212(a)(2)(A)(i)(I) or is deportable under section 237(a)(2)(A)(i) (relating to crimes of moral turpitude), unless the Secretary of Homeland Security determines that the alien's removal would result

in extreme hardship to the alien, the alien's child, or (in the case of an alien who is a child) to the alien's parent.

`(ii) An alien who is inadmissible under section 212(a)(3) or is deportable under section 237(a)(2)(D)(i) or 237(a)(2)(D)(ii) (relating to security and related grounds).'; and

(3) in subsection (d)(1)(A), by inserting `or (b)(3)' after `subsection (b)(2)'.

(b) EXEMPTION FROM NUMERICAL LIMITATIONS- Section 240A(e)(3) of such Act (8 U.S.C. 1229b(e)(3)) is amended by adding at the end the following new subparagraph:

`(C) Aliens described in subsection (b)(3).'.

(c) GRANDFATHER PROVISIONS- For purpose of applying section 240A(b)(3) of the Immigration and Nationality Act (as inserted by subsection (a)) with respect to an application filed under such section not later than 120 days after the effective date of regulations implementing this section--

(1) an individual shall be considered to be under the age of 21 if the individual's 21st birthday occurs after the date of the enactment of this Act but no more than 120 days after the effective date of such regulations; and

(2) an individual shall be treated as meeting the requirements of clauses (i), (ii), and (iv) of subparagraph (A) of such section if--

(A) the individual would have met such requirements based upon an application filed at any time during the 4-year period ending on the date of the enactment of this Act; and

(B) the individual has graduated from, or is at the time of application enrolled in, an accredited institution of higher education in the United States (described in clause (iv) of such subparagraph).

(d) CONFIDENTIALITY OF INFORMATION- Neither the Secretary of Homeland Security, nor any other official or employee of the Department of Homeland Security or other Department, bureau, or agency of the United States, may--

(1) use the information furnished by the applicant pursuant to an application filed under the amendments made by this section for any purpose other than to make a determination on the application;

(2) make any publication whereby the information furnished by any particular individual can be identified; or

(3) permit anyone other than the sworn officers and employees of the Department of Homeland Security or bureau or agency or, with respect to applications filed with a designated entity, that designated entity, to examine individual applications.

Whoever knowingly uses, publishes, or permits information to be examined in violation of this subsection shall be fined not more than $10,000.

(e) ELIGIBILITY OF CANCELLATION APPLICANTS FOR FEDERAL EDUCATIONAL ASSISTANCE- Section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is amended--

(1) by striking `; or' at the end of paragraph (6) and inserting a comma;

(2) by striking the period at the end of paragraph (7) and inserting `, or'; and

(3) by adding at the end the following new paragraph:

`(8) an alien who has been granted relief under section 240A(b)(3) of the Immigration and Nationality Act, or with respect to whom an application under such section has been filed but not finally been adjudicated.'.

(f) REGULATIONS-

(1) PROPOSED REGULATIONS- Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish proposed regulations implementing this section.

(2) INTERIM, FINAL REGULATIONS- Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish final regulations implementing this section. Such regulations shall be effective immediately on an interim basis, but are subject to change and revision after public notice and opportunity for a period for public comment.

END

What's going to happen, if this bill is passed, every parent that has a friend relative or acquaintance in the US, will send his or her kids here to go to school, become residents and then immigrate the parents.

This is a huge backdoor immigration program.