A guest post by Katherine Gotthardt! Thank for your very thoughtful contribution regarding this very important life issue for so many young people who were brought to this country as children.
According to Inside Higher Ed, “The California Supreme Court has agreed to hear an appeal of a lower court’s ruling that placed in doubt the legality of a state law granting in-state tuition rates to some immigrant students who lack the legal authority to be residents of the state, the Los Angeles Times reported. While the California Supreme Court’s ruling would only be binding in that state, it could influence debates in other states with similar laws. Higher education officials and advocates for immigrants have worried that the lower court’s ruling, if it stands, could make it impossible for many of the students covered by the law to remain in college, given the large difference in tuition rates for in-state and out-of-state students and the limited aid dollars available to students who are not legal U.S. residents.” (http://www.insidehighered.com/news/2009/01/05/qt)
The LA Times article says, “The California Supreme Court case revolves around a 2001 state law, known as AB 540, that permits the tuition breaks. Under the law, illegal immigrant students qualify for in-state rates if they attended a California high school for three years, graduated here and signed an affidavit saying they will apply for permanent residency as soon as they are eligible. The law has remained in effect during the legal challenge.” (http://www.latimes.com/news/local/la-me-immigtuition5-2009jan05,0,3248207.story)
Before considering this case, it is important to understand the admissions and financial aid systems.
First, Admissions officers look for certain criteria when admitting new students. The students who have already been admitted and continue to be meet these standards and indeed exceed some of them. These students work hard and easily pay back to society what was invested in them. “Ethan Schulman, who represents the University of California defended the benefit as a way for illegal immigrant students who have excelled in the state’s high schools to attend college.” ( http://www.latimes.com/news/local/la-me-immigtuition5-2009jan05,0,3248207.story)
Second, students cannot qualify for financial aid without submitting at least two years’ tax returns. If the student is under 24, s/he must submit parents’ tax forms. If over 24, s/he must submit his/her own. Students who cannot produce tax documents do not qualify for financial aid.
Third, establishing residency means living in a state for a particular length of time. Residency does not equal citizenship, nor does citizenship equal residency.
Finally, one of the most popular complaints about allowing too many immigrants to enter the country, legally and otherwise, is that we are creating and supporting an underclass. But what happens if we BAR them from class? Are we not just shooting ourselves in the foot?
“Matias Ramos, who graduated from UCLA last year, said the out-of-state costs exceed the annual family income for many illegal immigrant students. Ramos, an illegal immigrant from Argentina, said that such students who attend public California colleges and universities are accepted based on their academics, talents and involvement and shouldn’t be penalized because of a broken immigration system that leaves them few options.” (http://www.latimes.com/news/local/la-me-immigtuition5-2009jan05,0,3248207.story)
Ethan Schulman said he recognized that the controversy isn’t just over the relatively small number of undocumented students who receive in-state tuition in CA. “The larger issue is a political issue, and that is how undocumented immigrants who live and work in our state are to be treated,” Schulman said. (http://www.latimes.com/news/local/la-me-immigtuition5-2009jan05,0,3248207.story)
One thing is for certain—no matter what the outcome of this case, the problem will not be fixed merely by addressing postsecondary policy.
sorry…FAIR and CIS. editing on iphone and use a bloombeg terminal can be difficult sometimes.
We don’t “all” pay tax. Lots of businesses in this area are paying their illegal employees in cash, El Pollo Loco (was that the name of the place?) style.
You can call me all the names that you want, but :
1. Illegal immigration has only been allowed – by the wealthy – because it lowers wages and standard of living in this country, and most Americans know and understand this.
2. Amnesty 2007 and Amnesty 2008 failed, and there is enough public awareness on this issue now that Obama and Congress won’t touch these issues with a ten foot pole.
3. No new special privileges will be created that are targeted to illegal residents or their children. And in fact the ones that do exist will be rolled back.
El Pollo Rico, sorry.
The El Pollo Rico thing went on for 8 years – it was a local fixture to many. Crime did pay, for a while.
But the eventually got what they deserved. The 2.1 million dollars sitting in the bedroom as well as numerous bank accounts were forefited. The owners will be learning not to bend over for their soap in the shower while in prison. And hopefully many of the illegal workers are now deported.
My point is that the whose who profit on this corruption will eventually be brought to justice, if they do not repent.
http://www.ice.gov/pi/nr/0809/080929greenbelt.htm
Rick regarding dependent/independent status for financial aid–see below. You have to be 24 or any of the following (and that doesn’t describe most traditional students):
Independent Status
* You are at least 24 years old on the day you file your FAFSA
* You are or will be enrolled in a masters or Doctoral degree program at the beginning of the school year
* You are married on the day you file your FAFSA
* You are a parent
* You have dependents other than your spouse who live with you and who receive more than half their support from you at the time you apply
* Both your parents are deceased (or were until age 18) a ward of dependent of the court
* You are currently serving on active duty in the U.S. Armed Forces for purposes other than training
* You’re a Veteran of the U.S. Armed Forces.
http://www.fafsaonline.com/fafsa-blog/2007/05/18/dependent-vs-independent-status/
I see PAP … I misread. Thanks. Apparently if you cut off contact with your parents you can be certified as “Independent” also.
Harsh. But how is it different than for American kids whose parents won’t pony up to hekp them?
“Cutting off contact” isn’t enough to declare independence. You have to be “emancipated” which is a legal status much like being divorced. It’s an expensive, rare process that is usually only given by a judge in extreme cases where there has been abuse or something equally as serious.
It’s a harsh situation. But the world is full of harsh situations.
If it weren’t for the liberal interpretation of Pyler vs. Doe forced down our throats, this mess would not even exist. We shouldn’t be admitting illegal aliens into our schools AT ALL.
I am willing to go at lot further than just maintaining absence of a special “parents are illegal, qualify automatically for in-state tuition” to provide disincentive for illegal aliens. I’ll spare you the details. Short of genocide but i actually favor deporting them to a remote island Guantanemo Bay-style where they have to get a relative to buy a plane ticket to get home from.
It’s either in their interest to come here, or it is not.
–Rick Bentley, 7. January 2009, 15:37 I am willing to go at lot further than just maintaining absence of a special “parents are illegal, qualify automatically for in-state tuition” to provide disincentive for illegal aliens. I’ll spare you the details. Short of genocide but i actually favor deporting them to a remote island Guantanemo Bay-style where they have to get a relative to buy a plane ticket to get home from.
It’s either in their interest to come here, or it is not.–
Rick Bentley, your comments here demonstrate a lack of knowledge, understanding, wisdom and humanity. This is exactly why I stopped visiting BVBL. The kind of action you and HSM are promoting are counter-productive, violent and immoral.
I’m a conservative and I find your recommendations and attitude appalling.
The only way we will solve this dilemma is to establish national policy which will help higher education then establish ITS own policy. Enforcement only, as we so well know, doesn’t work.
Tuscadero, Rick Bentley loves to do the shock jock thing to get a reaction. You ought to hear him on the subject of religion and also on gays on the dark screen. He is pretty funny actually. Therefore I ignore him when he goes into his near-genocide rants here.
Other than that, he is a pretty decent fellow if you can move past the near-genocide remarks, which I do, since I know why he does them.
pretty fair assessment but I’m halfway serious about the island. Doubt that it will happen though.
“The only way we will solve this dilemma is to establish national policy which will help higher education then establish ITS own policy. Enforcement only, as we so well know, doesn’t work.”
It can and will work. Self-deportation is happening and will continue.