Showing posts with label HB1403. Show all posts
Showing posts with label HB1403. Show all posts

Wednesday, December 16, 2009

In-state tuition in danger again? NOT AGAIN!

I am not sure why these people are at it again. A few years back, in-state tuition was in danger for Texas DREAMers, we were very fortunate to keep it; however, it seems we are facing another challenge down the road.

Last comment, would it bee too much to ask the writer of this article to stop calling us illegals? Pun intended.

In-state rates for illegal immigrants attacked
By SUSAN CARROLL Copyright 2009 Houston Chronicle
Dec. 15, 2009, 10:34PM

Attorneys for an anti-illegal immigration organization are challenging a Texas state law that allows illegal immigrant students to attend colleges and universities at in-state rates, saying it violates federal law.

David A. Rogers, a lawyer for the Immigration Reform Coalition of Texas, an organization that opposes illegal immigration, said the lawsuit filed on Monday in Harris County District Court marks the first direct court challenge of the Texas law.

Texas is one of 10 states in the nation that have laws offering in-state tuition to illegal immigrants who meet certain criteria, including graduating from a local high school and pledging to legalize their immigration status as soon as possible.

The lawsuit specifically names the University of Houston, Houston Community College and Lone Star College systems. A spokesman for UH declined to comment on Tuesday, citing the pending litigation. HCC officials said a copy of the lawsuit was under review by their attorneys. A Lone Star spokesman said the college was not prepared to comment Tuesday afternoon.
Injunction requested

In the lawsuit, the plaintiffs allege that at least 8,000 illegal immigrants attend Texas colleges and universities at discounted tuition rates for in-state residents or receive some form of state financial aid, saying the statute violates federal law. The lawsuit also requests an injunction barring illegal immigrants from receiving the in-state break on tuition or state-funded financial aid.

“We don't think that taxpayers should break federal law in order to subsidize people who are in the United States illegally,” Rogers said.

Michael A. Olivas, a University of Houston law professor who specializes in higher education and immigration issues, said that the lawsuit filed Monday was based on a flawed reading of federal statutes and the Texas residency law.

In 2001, Texas became the first state in the country to pass a law that allowed undocumented students to pay in-state rates and possibly receive state financial aid, provided they meet certain criteria.

Since then, California, Illinois, Kansas, Nebraska, New Mexico, New York, Utah, Washington and Wisconsin have passed similar laws. Oklahoma also approved a bill granting in-state tuition to undocumented students, but it later was rescinded and now only covers those grandfathered under the now-defunct statute.

Four states, including Arizona, have laws on the books that ban illegal immigrants from receiving in-state tuition.
Federal law cited

Olivas, who helped then-Rep. Rick Noriega, a Houston Democrat, draft Texas' original statute, said federal law clearly allows states to pass their own legislation regarding in-state residency for undocumented students.

Olivas also cited a 2008 letter from the Department of Homeland Security to the North Carolina Attorney's General office that said federal law does not prohibit the admission of undocumented students to universities and colleges.

“The state can, and did act properly, and the statute is constitutional,” said Olivas, who also served as an expert witness when a similar law was later challenged in Kansas.

Cesar Espinosa, a Houston immigrant advocate, said Texas' law has led to success stories for students who otherwise might not be able to afford higher education, even though they spent years in the K-12 public school system.

“We're hoping that the lawsuit doesn't go far,” Espinosa said. “The reason many students who are undocumented finish high school is because they know there is an opportunity to go on with their studies. If we want to keep students engaged, we have to have a means for them to continue with their education.”

susan.carroll@chron.com

Friday, November 2, 2007

Felonies and Lost In-State Tuition in Oklahoma

The Oklahoman conveniently does not mention that people who give undocumented people rides in their cars can be charged with a felony.



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Churches witness immigration policies playing out among Latino families
The Oklahoman
November 2, 2007
By Lillie-Beth Brinkman

There are stories like that of two sisters – one who can go to college on in-state tuition and the younger one who won’t because of changes in Oklahoma’s new state law, effective Nov. 1. Because of deportation fears, some people in the community are too scared to call police for legitimate reasons, such as domestic violence. Rumors spread that families are moving out of state due to recent law enforcement crackdowns based on existing federal immigration laws..[Father] Taylor has noticed a slight decline in the numbers of those who attend mass at his church regularly.

“People are very nervous about things right now,” Taylor said. “It’s really hard to live in a community and hear people say they don’t want you here.”

The new Oklahoma law known as House Bill 1804 will, among other things, require employers to check legal documentation in hiring and will restrict the state-offered benefits available to illegal immigrants, including access to in-state tuition at Oklahoma’s higher education institutions. It does not prevent emergency health care for undocumented immigrants or keep them from attending public schools in Oklahoma.

At the federal level, lawmakers continue to debate immigration issues such as whether to require employers to match Social Security numbers with a proper name.

And recently, local law enforcement officers worked with Immigration and Customs Enforcement agents in raids targeting violent street gang members. The actions led to the arrest of 65 people, many of whom were in the United States illegally and eligible for deportation.

The Catholic churches are working to reassure their parishioners and provide them with the information they need about the laws. Both Sacred Heart and Little Flower Catholic Church have been trying to get information to the public through recent workshops and informational meetings.

“I think the majority of the people know what is going on,” the Rev. Jenaro De La Cruz of Little Flower Church. He said he urges his parishioners not to be scared and said that many of them are already permanent U.S. residents or American citizens.

For the church, immigration is a moral issue.

“The Catholic Church’s position is that we respect every single human person. Each person has an intrinsic dignity from God,” said The Most Rev. Eusebius J. Beltran, archbishop of the Archdiocese in Oklahoma City.

“When we see something that is unjust, against the person, we take exception to it and we try to change it.”

Beltran said that the Catholic Church considers U.S. immigration policies to be unjust, especially because many of the people coming to this country aren’t given a fair hearing. Some have been waiting since the early- to mid-1990s for a hearing on their immigration status; until their case is heard, they cannot work in this country legally.

“As a result, many of those people especially from Mexico and Central America, come to the United States illegally,” he said “They come out of desperation. They come seeking a better life for themselves and their families.”

The new Oklahoma law may also jeopardize some services that agencies provide to Latino residents who are in this country illegally. Taylor wondered, for example, whether there would be repercussions for a church if the child of an undocumented worker goes on a church ski trip. Right now, it is unclear what fallout will occur from the Oklahoma law, which is being challenged in court by the National Coalition of Latino Clergy and Christian Leaders.

Taylor thinks any law regarding immigrants should “facilitate immigration so it can be done in an orderly way,” he said.

“People have a God-given right to immigrate,” Taylor said. “The right to immigrate is not absolute. It has limits. But it is a God-given right.”

Others disagree, saying that the 500,000 or so immigrants who come to the United States illegally each year should not have access to the government’s resources and that they take jobs away from U.S. citizens.

Taylor contends that people have a right and an obligation to provide for their families, and for many Hispanics, the only way to do so is to come to the United States for jobs, Taylor said.

“People who come here looking for a better future [sic]come here seeking something good,” Taylor said.


http://newsok.com/article/keyword/3162653/