LA Times Editorial
September 22, 2008 -- For the last seven years, illegal immigrants attending California's public university and community college systems have been eligible for in-state tuition rates. The thinking behind this practice was that, regardless of their parents' actions, children had no choice in crossing the border illegally; academically gifted immigrant students shouldn't be condemned to a permanent underclass.
Last week, however, a state appellate court ruled that California was violating Congress' intention of barring illegal immigrants from a benefit reserved for legal residents. The decision sends a class-action lawsuit -- brought by out-of-state students who contend that they have been required to pay higher, nonresident fees while illegal immigrants pay in-state tuition -- back to Yolo County Superior Court. It also presages the end of higher-education opportunities for thousands of motivated students.
Congress' intent does seem clear. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 reads, "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."
California sought to skirt this law by granting in-state tuition to all students who graduated from and attended a California high school for at least three years.
Foes of illegal immigration, who argue that generous benefits encourage lawbreakers to come to California, will rejoice at the decision. And we acknowledge the inherent contradiction of providing a public benefit to students whose parents presumably don't pay any income tax to help pay for it.
Nonetheless, we believe that California's law is in the state's best interest. By law, states must provide K-12 education to illegal immigrants, and it's counterproductive to then erect roadblocks to further advancement for our best and brightest. Studies show that investing in education for immigrants pays off. Assuming they remain in California, their economic contributions more than make up for the cost of subsidized college tuition within a few years. Forcing them to wallow in permanent poverty, by contrast, is a drain on taxpayers -- as well as being flat-out immoral.
California is one of nine states providing in-state tuition to illegal immigrants, and given the absence of leadership from Washington, we don't fault any of them for attempting to address the educational, economic and social needs of the populations within their borders. The real problem is not the states' violation of congressional intent, but Congress' failure to follow the trail blazed by the states.
from LA Times Correspondent Deborah Bonello in Mexico City
Illegal immigrants should be eligible for in-state tuition rates, says editorial
"By law, states must provide K-12 education to illegal immigrants, and it's counterproductive to then erect roadblocks to further advancement for our best and brightest. Studies show that investing in education for immigrants pays off.
"Assuming they remain in California, their economic contributions more than make up for the cost of subsidized college tuition within a few years. Forcing them to wallow in permanent poverty, by contrast, is a drain on taxpayers -- as well as being flat-out immoral," argues this Los Angeles Times editorial.
The column is in response to a lawsuit challenging the constitutionality of a California law granting in-state tuition to illegal immigrants.
The legal action was filed by a group of out-of-state students and parents in 2005 in Yolo County Superior Court against California's public university and community college systems, alleging that they were being charged higher tuition and fees than undocumented immigrants. A state appellate court ruled earlier this month that the lawsuit can move forward.
Click here for the rest of the editorial on the rights of illegal immigrants to in-state tuition rates, and go here for more on immigration.
I would like to start off by thanking you for writing on such on an important topic in today’s age, not only for illegal immigrant students but for America in general. The decreased attention illegal immigration has been getting due to the financial economic crisis that America is going thru right now has kind of put higher education for undocumented students on the backburner for a while. I especially like the part of the article where it states that studies have shown that an education for immigrants pays off in the end. I understand that many of the undocumented students in California are here illegally, but I also keep in mind that those students and their families are tax payers that contribute to the states educational institutes. According to the Social Security Administration, it is estimated that illegal immigrants have paid $450 billion to the Social Security fund and I think that should be some type of basis for allowing these students to pay almost the same amounts as U.S. born California resident students pay for college tuition. As evidence from the articles persuasive tone, I firmly believe that students who have graduated or have attended a California high school for a least three years or more as stated in the California Dream Act should be allowed the same benefits as other Californian students. Although, I find your blog very informative and helpful in understanding the situation explained, I would have liked to have read your opinion on the Illegal Immigration Reform and Immigrant Responsibility Act. I also would have liked to have seen some more links to your blog in order for me as the reader to connect with some of the main points of your blog and thesis. I think you have a great blog and by also inserting some pictures into it, it would make it more alluring and more credible. All in all, you have a remarkable blog that enlightens and educates the uniformed reader. I really enjoyed reading the piece and I am looking forward to reading some of your other posts.
ReplyDelete