North Carolina keeps denying immigrant students

Colleges to bar illegal immigrants
By Lynn Bonner and Kristin Collins
(Raleigh) News & Observer
Posted: Friday, Aug. 15, 2008

Leaders of the state's community colleges voted today to close their doors to illegal immigrants until they complete a study and come up with a permanent policy.

The decision today by the State Board of Community Colleges marks a reversal from Thursday, when officials indicated they were inclined to admit illegal immigrants pending the outcome of the study.

Lt. Gov. Beverly Perdue, the Democratic candidate for governor, made the motion to ban illegal immigrants from community colleges while the study is ongoing. Eleven board members voted in favor of the motion. The board's chairman did not ask for "no" votes, noting that the 11 in favor were a majority of the 16 members eligible to vote.

The study represents the colleges' attempt to navigate a charged political atmosphere.

Several state politicians have already promised to try to pass laws this year that would deny admission to illegal immigrants, effectively nullifying any decision the board makes. Both candidates for governor have come out against college education for illegal immigrants.

And this week, U.S. Rep. Sue Myrick, a Charlotte Republican, said she plans to introduce a bill in September that would withhold federal funding from colleges and universities that knowingly admit illegal immigrants.

During a committee meeting Thursday, some board members said they had gotten heated messages from constituents on both sides of the issue.

In that environment, they said, there is no sense in making a hasty decision. Some said a well-researched policy could dissuade lawmakers from getting involved.

Asking DREAMERS for their status when they enroll in college

It has been reported that one local community college admissions officer told a DREAMER he/she could not enroll in college - justifying this with the following: “I’ll be breaking the law if I let you into this college.” DREAMERS are allowed to enroll in college and are not supposed to be questioned on their immigration status.


Attorney Josh Bernstein, who is the Director of Federal Policy at the National Immigration Law Center in Washington distributed a commentary today regarding the legality of undocumented students attending public colleges. Bernstein stated:

"DHS has now clarified in unambiguous terms that colleges and universities are not required to ask about the immigration status of their students, and they also are not required to report undocumented students to the government."

The official letter from the Department of Homeland Security can be accessed if you click here



The North Carolina Attorney General responded to the release of the DHS letter in an AP article published today:

"Although federal immigration officials last week released a statement saying there is no law prohibiting the state from educating illegal immigrants at public colleges and universities, Cooper's office said that statement is not the same as a legal opinion from the Department of Homeland Security."

North Carolina Says No to College for DREAMERS

Of the 300,000 students in the North Carolina Community College System, there are only 100 DREAMERS. The state's Attorney General's attack on these hundred students is wildly out of proportion for the small number affected by the ruling. Is this truly a legal issue or is it an example of pure maliciousness?.

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NC community colleges halt illegal immigrant policy

By ESTES THOMPSON

The Associated Press
Tuesday, May 13, 2008; 6:54 PM
Washington Post

RALEIGH, N.C. -- North Carolina's community college system reversed itself Tuesday and said it will no longer admit illegal immigrants until federal officials formally weigh in on whether it is legal...

The change was supported by Gov. Mike Easley, but it provoked heavy criticism _ especially from the leading candidates running to replace the outgoing governor. That led the nation's third-largest community college system to seek an opinion from the state attorney general's office on whether the admissions policy was legal under federal law.

Attorney General Roy Cooper's office recommended the community colleges drop the lenient admissions policy, and suggested that following stricter guidelines approved in 2001 _ under which illegal immigrants were not eligible for a public post-secondary education _ was more likely to withstand judicial scrutiny.

...Although federal immigration officials last week released a statement saying there is no law prohibiting the state from educating illegal immigrants at public colleges and universities, Cooper's office said that statement is not the same as a legal opinion from the Department of Homeland Security.

"At the community college system's request, we are seeking guidance from the Department of Homeland Security on this admissions policy as it relates to federal law," said spokeswoman Noelle Talley.

...In Arizona, for instance, voters approved a ballot measure that prohibits undocumented immigrants from paying in-state tuition rates, a move that has driven many out of the public education system. A federal bill called "The DREAM Act" that would have given some illegal immigrants legal status to serve in the armed forces or attend college stalled last year in Congress.

Only about 100 of the nearly 300,000 degree-seeking community college students are illegal immigrants in North Carolina. They pay full, out-of-state tuition rates. Those enrolled in degree courses during the 2006-2007 school year may continue their studies, system president R. Scott Ralls said...

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AP Education Writer Justin Pope in Raleigh contributed to this report.

for link to complete AP/WP article click here