.jpg)
Two of the Ranking-House Judiciary Congressman weighs in on a California Supreme Court case to provide illegal immigrants in-state tuition, while U.S. citizens who live outside the state continue to fork over costly out-of-state tuition dollars.
Congressman Steve King-IA and Lamar Smith-TX filed an amicus brief this week regarding California Supreme Court case Martinez vs. Regents of the University of California.
At issue is the ability for the state to give those in this country illegally more favorable tuition rates than legal American citizens.
Ranking Member Smith said, “We should not reward illegal behavior. It’s fundamentally unfair to tell American parents who are not from California, but have paid taxes all their lives that they have to pay higher tuition bills to send their children to college than do illegal immigrants.”
In a statement, he goes on to explain law-abiding citizens should be first in line to get reduced college tuition.
“Granting in-state tuition rates to illegal aliens without granting the same benefit to all U.S. citizens is a clear violation of federal law,” Congressman King added. “In light of the current economic crisis, the American taxpayer cannot afford to foot the bill for illegal aliens to attend college.”
The AB540 challenge was brought by U.S. citizen Robert Martinez and a number of other out-of-state college-age citizens who believe California’s grant of in-state tuition to illegal immigrants violates federal law, according to the statement.
The California Dream Act was put forward twice in the last couple of years and each time it reached Governor Schwarzenegger desk and both times it was vetoed.
“While I do not believe that undocumented children should be penalized for the acts of their parents, this bill would penalize students here legally by reducing the financial aid they (legal citizens) rely on to allow them to go to college and pursue their (legal citizens) dreams.”
AB540 requires that colleges and universities keep student information confidential, according to the bill. Furthermore the privacy a student shares with the college is protected by federal and state laws.
Potential students looking to skirt the scholarship/financial aid rules that require a valid Social Security number can visit http://www.maldef.org. This site offers information regarding AB540 in English and Spanish.
“With California’s $26 billion deficit, taxpayers shouldn’t have to pay one cent for illegal alien higher education,” says Congressman Brian Bilbray-R CA. “What part of illegal don’t you understand.”
The case will now be heard in the California Supreme Court.
“The California Supreme Court has not yet set a date for oral argument. The argument may not be until the latter half of the 2010 – and the decision usually comes within 90 days after the argument,” a source familiar with the matter said.
A brief history of AB540
1985- MALDEF argues Plyer vs. Doe before Supreme Court. The decision confirmed children of illegal immigrants were protected under the 14th Amendment, to receive a public education.
1985-1991- Leticia A vs. UC Regents and California State University System grants undocumented students to pay in-state tuition and qualify for state aid.
1991-1992 – The Los Angeles Superior Court overturned Leticia A ruling and took away the right to pay in-state tuition and student aid availability.
1992-2001 – Undocumented students were to pay out-of-state tuition and receive no financial aid.
2001 – California Democrat Gray Davis signed AB540 into law. This allowed undocumented students to pay in-state tuition if they completed three years of high school to prove residency.
Present – AB540 sits with the California Supreme Court, the plaintiffs (college-age students) seek to roll back AB540 until the same rules are applied to American Citizens. They would like to attend a college in another state and want to pay in-state tuition, if the illegals can do it, so should citizens.
For more stories; www.examiner.com/x-10317-San-Diego-County-Political-Buzz-Examiner
Comments
Every seat in every classroom in America has been constructed and paid for by American tax dollars. These facilities are meant to educate America's youth. That is the CITIZENS of this country. We are not here to provide educational facilities for every country on the planet. If you have entered this country legally, you'll have a visa and an ID and pay full price to attend any higher educational facility here. It requires a STUDENT VISA.
When illegal immigrants come here, they ignore all the rules of laws that this country was built on. They routinely expect our country to bend to their wants and needs. Sadly they have been encouraged to think that way by the mixed messages our government sends regarding their presence here.
But make no mistake now, American kids come FIRST in this country. We are NOT going to provide financial aid and in-state tuitions for illegal immigrants and their children to attend taxpayer sponsored universities of higher learning. NO WAY!
It's funny how people misunderstand the concept of AB540. Undocumented students are not receiving financial aid whatsoever. On the other hand, universities in the United States benefit from undocumented students because these students are paying for everything themselves. They aren't receiving financial aid like most of us U.S. citizens do.
And the undocumented students that enter this country aren't responsible for their "illegal" entry. They have no choice woman!
And another thing...you forget this country is one of the most diverse in regards to nationality, etc. Americans aren't the only ones paying their taxes. So since others are paying taxes, should those schools not be for American children? No logic.
Students who are entering high ranking institutions have every right to be there. A selection process, a rather competitive one I may say, exists and those qualified for it, enter those schools.
Over several decades immigrants have contributed by paying taxes and with their labor. They pay sales tax and employee taxes, some have even purchased homes and contributed in many other ways economically speaking. Now in terms of their labor, they have have contributed enormously to the upward mobility of the United States. The economic growth of the US and especially California is not only dependent on the labor and taxes of US CITIZENS. Thats ridiculous!
MadStudent: don't confuse financial aid with lower tuition rates. When people illegally in the country get a lower tuition rate than US citizens and legal residents residing in other states - that is definitely a subsidy and therefore a benefit.
US Citizen y que: you are confusing illegal aliens and immigrants. Immigrants have green cards and are legally in the country; illegal aliens do not have permission to be here. Most people agree that the former group benefits on balance the United States. Whether illegal aliens as a group contribute to the country is a moot point; they are here illegally, therefore their relative contribution is not relevant. We have a generous immigration system which is oversubscribed. Not everyone wishing to live in the US may. There is nothing wrong with US Citizens insisting that our immigration laws be obeyed and enforced. Every other country enforces their laws.
I could not agree more, if illigal immigrants can get in-state tuation so should too law abiding citizens of the United States. Granted both illigals and legals reside in the state for a period of specified time. Undocumented immigrants aren't allowed in-state tuition because they are illegal, but because they have resided in the state and earned their keep. If legal citizens wish to have the same earned benefit then resided in the state for three years; make it your home. It seems like those seeking to rid AB540 should stay in their state and not bring their prejudice, racism, ethnosentrisim, or bigotry.
law abiding????? What do you mean by law abiding? Because you were born here and live here legally, you are a law abiding citizen? Wow. I agree that current laws contradict each other sometimes and that is where we should focus...Furthermore, I think you should go back to Europe or Africa if you're black.
Education for all: You are wrong - federal law currently prohibits granting in-state tuition to illegal aliens, even on the basis of residency. States have been challenged over the violation of this federal law, and the lawsuit in this case is one such case. Activist judges so far have not allowed plaintiffs to prevail, even though the language of the federal law is plain and clear.
I wish the author of the article would have mentioned the relevant federal law which the plaintiffs allege is being violated by California:
Title 8 of the United States Code (U.S.C.) section 1623 says:
“Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.”
FURTHERMORE, this is not about "penalizing" anyone. If the illegal alien kids had to pay a fine, serve jail time, then we could talk "penalties." But this is simply about not providing a BENEFIT. There's a huge difference, and the MALDEF/ACLU attorneys are advancing a legal inaccuracy.
By the way, the Supreme Court has said a number of times that deportation "is not punishment." It's simply an administrative procedure whereby the person is returned to their homeland. So this claim that kids being returned home means they're being "penalized" is not legally accurate.
The argument that those here illegally pay their share is wrong. If they pay cash, then yes sales tax is paid. However, those legally here pay the same sales tax, plus 30% of our income is taxed and most of us do not qualify for food stamps and subsidized housing. Wake up people!
FOR NOW:
IN STATE TUITION FOR ALL,
EVEN IF IT IS FOR AN ILLEGAL IMMIGRANT FROM MARS.
BRING THEM OVER, SOONER THEY ARE INTEGRATED, BETTER!
INTEGRATION IS GOOD. EDUCATION IS GOOD LIKE FOOD FOR THE NATION!
IT WILL MAKE IT GROW STRONGER, SMARTER, MORE COMPETITIVE!
HOWEVER,
FOR THE FUTURE:
COLLEGE SHOULD BE FREE!
WE ALREADY PAY ENOUGH TAXES FOR THAT!
I am an illegal myself. Lived here all my life. I don't get well-fare, medicate/care, I pay my own bills, I do go to school and I don't need financial assistance. To a degree, I am happy to be an illegal. I've become more stronger than many, wiser, grateful, and i have gotten the chance to use my creativity. For me college is not an answer. Its only a tool that I'll use to take money from illegals or citizens. Besides, for what I have read and researched, sooner than later, it wont matter if your card is green or blue. BTW, I pay taxes. And, every dollar Uncle Sam returns goes straight back to your govt. Schools, 911, MTA, HR, Hospitals, Fireman, Policeman, etc.... take our money (illegal or not) you guys need it. this country needs fruit-pickers. this country needs small business risk takers (because thats all they have; a risk to hold on too). Mexican, Armenian, Asian, African, Canadian, Britain (poor natives), every possible ethnic group out there; we are America.Laws change for us!
first of all I would like to say that all US citizens can apply for AB540. They are arguing that illegal immigrants pay instate tuition but they reason why is because they can prove that they have lived in california for a certain amount of time and have attended high school here. The correct facts are not being said the majority of people that are under the AB540 rule are U.S Citizens.
Also even though illegal immigrants are given in state tuition option, they DO NOT qualify for ANY financial aid give by the state nor school. They have to only apply for private scholarships if there are any. So I don't understand why people make such a huge fuss about illegals getting all the help, because they are not, they are just paying what other people in their same state pay because they have lived there.
Look at the options people, if you are a U.S citizen you can apply to be an AB540 student. EDUCATE YOURSELVES!
Got something to say?
Examiner.com is looking for writers, photographers, and videographers to join the fastest growing group of local insiders. If you are interested in growing your online rep apply to be an Examiner today!