Twist in tuition credit battle Legislator wants to end benefit for illegal immigrants, shift aid to National Guard vets
By Aurelio Rojas - arojas@sacbee.com
Published 12:00 am PST Sunday, February 10, 2008
A Republican lawmaker has introduced legislation that would provide members of the California National Guard with free tuition at state colleges and universities and save money at the time.
How? By repealing a law that allows illegal immigrants who meet certain conditions to pay subsidized in-state tuition, said Assemblyman Chuck DeVore, R-Irvine.
Critics call DeVore's bill a cynical ploy. They say that by allowing students who attended a California high school for three years and received a diploma or equivalent to qualify for in-state tuition, the state is investing in its future.
But DeVore said California, which has 20,000 Guard members, is the only state in the nation that does not offer its members free college tuition.
DeVore estimates it would cost California, which is facing a $14.5 billion budget deficit, only about $3 million annually to do so.
That's far less, he noted, than the $117 million the Legislative Analyst's Office estimates in-state waivers, granted largely to illegal immigrants, cost California in 2005-06.
DeVore's bill – Assembly Bill 1758 – is scheduled to be heard March 4 in the Assembly Higher Education Committee. Although the legislation faces long odds in the Democratic-controlled Legislature, it will likely reignite a perennial debate in the Capitol.
"The argument we always hear is, 'Let's not punish these kids because their parents broke the law,' " DeVore said. "But the fact of the matter is that some people do come here to take advantage of benefits."
In recent years, the California Guard has been faced with retention and recruitment declines that DeVore blames on the state's lack of benefits.
His bill would provide a much-needed inducement for a group that's called on more than any Guard in the nation, he said.
DeVore said not only are members of the California Guard asked to provide assistance during floods, fires and earthquakes – they also put their lives on the line to quell riots and fight wars.
Sen. Gil Cedillo, D-Los Angeles, agrees with DeVore's intent, but not his method.
"People who offer themselves for military service should be supported by the state of California," Cedillo said. "But we shouldn't hurt the state's future with divisive, political games."
Cedillo is once again carrying legislation that would allow illegal immigrants who are eligible for in-state tuition to apply for financial aid.
His legislation – which Gov. Arnold Schwarzenegger has previously vetoed – builds on Assembly Bill 540, the 2001 measure by the late Assemblyman Marco Firebaugh that DeVore wants to repeal.
That law requires students to sign an affidavit stating they have applied to become legal residents or will do so if they become eligible.
But DeVore, who spent 24 years in the California National Guard and retired as a lieutenant colonel, said many of these students are still "subject to deportation at a moment's notice."
In the California State University system, out-of-state fees run about $10,000 more than in-state fees per year.
At the University of California, there is a $15,000 surcharge. At California's community colleges, in-state fees run about $78 per course, while out-of-state students pay $500.
"Is that really a good use of taxpayer money?" he asked.
Sen. Lou Correa, D-Santa Ana, has previously sponsored unsuccessful legislation to grant tuition benefits to Guard members and plans to do so again this year.
"This is not as much a budget issue as a political issue," Correa said.
Democratic opponents of Correa last year argued the costs should be borne by the federal government, which largely funds the National Guard.
But Correa does not support DeVore's effort to repeal AB 540.
"Absolutely not," Correa said. "You know why? Jose Angel Garibay."
The U.S. Marine Corps lance corporal from Orange County was killed in 2003 while fighting in Iraq. Garibay, whose parents entered the country illegally, was granted citizenship posthumously.
Correa said other members of the military whose parents entered the country illegally have also "made the ultimate sacrifice."
The Legislature, he said, does not need to repeal AB 540 to provide tuition benefits for members of the California National Guard.
"The solution is to come up with a (financing) vehicle and move it through the legislative process as soon as possible," Correa said.
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