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Tag: in-state tuition

  • Justice Department sues Virginia over giving in-state tuition to immigrants in country illegally – WTOP News

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    The Justice Department is suing Virginia, saying it provides in-state tuition to immigrants lacking permanent legal status in violation of federal law.

    The Justice Department is suing Virginia, saying it provides in-state tuition to immigrants lacking permanent legal status in violation of federal law.

    The complaint, filed in U.S. District Court in Richmond, seeks to stop the state from enforcing laws that provide in-state tuition and financial assistance to immigrants in the country illegally, which the Justice Department said would bring the state into compliance with federal law.

    It follows two executive orders signed by President Donald Trump that seek to ensure immigrants who do not hold legal status are not obtaining taxpayer benefits or preferential treatment. Similar tuition lawsuits have also been filed in Texas, Kentucky, Illinois, Oklahoma, Minnesota and California.

    “This is a simple matter of federal law,” Attorney General Pamela Bondi said. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”

    According to the Justice Department’s complaint, laws that allow immigrants without legal status to receive in-state tuition or financial assistance unconstitutionally discriminate against U.S. citizens who are not afforded the same reduced rates or scholarships.

    The complaint cites federal law that states, “an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State … for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit … without regard to whether the citizen or national is such a resident.”

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    Thomas Robertson

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  • In-state college tuition for California’s undocumented students is illegal, Trump suit alleges

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    The Trump administration filed a federal suit Thursday against California and its public university systems, alleging the practice of offering in-state college tuition rates to undocumented immigrants who graduate from California high schools is illegal.

    The suit, which named Gov. Gavin Newsom, state Atty. Gen. Rob Bonta, the UC Board of Regents, the Cal State University Board of Trustees and the Board of Governors for the California Community Colleges, also seeks to end provisions in the California Dream Act that allow students who lack documentation to apply for state-funded financial aid.

    “California is illegally discriminating against American students and families by offering exclusive tuition benefits for non-citizens,” U.S. Atty. Gen. Pam Bondi said in a Department of Justice statement, saying the state has a “flagrant disregard for federal law.”

    “These laws unconstitutionally discriminate against U.S. citizens who are not afforded the same reduced tuition rates, scholarships, or subsidies, create incentives for illegal immigration, and reward illegal immigrants with benefits that U.S. citizens are not eligible for, all in direct conflict with federal law,” the statement said.

    Spokespersons for Bonta and CSU declined to comment, saying they had not seen copies of the complaint.

    UC officials and a spokesperson for Newsom, who was named because he is an ex-officio board member for CSU and UC, were not immediately available to comment.

    The tuition suit targets Assembly Bill 540, which passed with bipartisan support in 2001 and offers in-state tuition rates to undocumented students who completed high school in California. The law also offers in-state tuition to U.S. citizens who graduated from California schools but moved out of the state before enrolling in college.

    Between 2,000 and 4,000 students attending the University of California — with its total enrollment of nearly 296,000 — are estimated to be undocumented. Across California State University campuses, there are about 9,500 immigrants without documentation enrolled out of 461,000 students. The state’s biggest undocumented group, estimated to be 70,000, are community college students.

    The Trump administration’s challenge to California’s tuition statute focuses on a 1996 federal law that says people in the U.S. without legal permission should “not be eligible on the basis of residence within a state … for any post-secondary education benefit unless a citizen or national of the United States is eligible for such a benefit … without regard to whether the citizen or national is such a resident.”

    Critics say the law does not speak specifically to tuition rates. Some courts have interpreted the word “benefit” to include cheaper tuition.

    Scholars have also debated whether the federal law affects California tuition rates for because it applies to citizens and noncitizens alike.

    The California law has withstood earlier challenges. The state Supreme Court upheld it in 2010 after out-of-state students sued. The U.S. Supreme Court refused to hear an appeal of the case.

    In those cases, judges said undocumented immigrants were not receiving preferential treatment because of their immigration status but because they attended and graduated from California schools. They said U.S. citizens who graduated from the state’s schools had the same opportunity.

    Thursday’s complaint was filed in Eastern District of California. It follows actions the Trump administration has taken against tuition practices in Texas, Kentucky, Illinois, Oklahoma and Minnesota.

    In June, after the Trump administration sued over the law in Texas, the state agreed to stop giving in-state tuition to undocumented immigrant students.

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    Jaweed Kaleem

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  • Arizona Voters Approve In-State College Tuition For Non-Citizen Students

    Arizona Voters Approve In-State College Tuition For Non-Citizen Students

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    PHOENIX (AP) — Arizona voters have approved an initiative to extend cheaper in-state college tuition to some non-citizen students, cheering supporters who hope the measure’s passage Monday will help spark momentum for wider immigration reform in Congress.

    The Associated Press called the race for Proposition 308 after the latest round of vote releases gave it a big enough lead that the AP determined it could not lose. Arizona joins at least 18 other states, including California and Virginia, that offer in-state tuition to all students who otherwise qualify regardless of immigration status.

    “This shows there is bipartisan broad consensus about immigration solutions,” Rebecca Shi, executive director of the national American Business Immigration Coalition Action, said earlier in the day, anticipating the proposition’s success.

    The measure was referred to the ballot by Arizona’s Legislature and repeals some parts of an earlier initiative that banned in-state tuition for non-citizens. It will allow all students regardless of immigration status to pay in-state college rates as long as they attended Arizona high schools for two years and graduated.

    Advocates say tens of thousands of future non-citizen students who have been in Arizona for years could potentially benefit from the proposition in a state where an estimated 275,000 migrants are living without authorization.

    The measure will allow qualifying non-citizen students to pay the current in-state undergraduate tuition of $10,978 per academic year at Arizona’s state universities. Those universities do not have a specific rate for non-citizens brought to the U.S. as children, but officials say more than 300 students are currently paying a non-resident rate for Arizona high school graduates that is 150% of in-state costs.

    Community college students will also benefit.

    The vote is a turnaround from 2006, when Arizona voters rode a widespread wave of anti-immigrant sentiment to bar students who entered the U.S. without authorization from getting in-state tuition and other financial benefits, even if they lived here most of their lives.

    A sign in front of some cacti marks one of the entrances to the University of Arizona, in Tucson, Arizona. (Photo by Epics/Getty Images)

    Subsequent years saw other anti-immigrant measures.

    The Arizona legislature in 2010 passed the so-called “show me your papers” law that allowed law enforcement officers to to check the immigration status of residents during routine stops. Denounced by activists as racial profiling, the law was partially struck down by the U.S. Supreme Court two years later.

    Maricopa County Sheriff Joe Arpaio, who immigration advocates accused of racial profiling, was later elected out of office and found guilty of misdemeanor contempt of court for ignoring a 2011 court order to stop the patrols. Then-President Donald Trump in 2017 issued a presidential pardon for that conviction.

    Although concerns about security along the U.S.-Mexico border remain high in Arizona, advocates say that attitudes have changed somewhat concerning young people brought to the U.S. by their families when they were small children.

    Supporters said they now hope approval of the measure will encourage Congress to consider wider immigration reform.

    “I’m proud of Arizona and how far we have come,” said Bob Worsely, a retired Republican state legislator and co-chair of the coalition that backed passage of Proposition 308.

    Volunteers in recent months knocked on millions of doors and sent out millions of text messages to assure the measure’s passage.

    Hazel Villatoro, who attended schools in Arizona her whole life after her parents brought her to the United States from Mexico when she was 1, said Proposition 308 will change her future.

    “I will now be able to achieve my dream of becoming an anesthesiologist,” said Villatoro. “I want to thank the voters of Arizona for doing the right thing.”

    Many Arizona business owners say it makes sense to make sure the brightest young people remain and seek jobs in the state, whatever their immigration status, especially with worker shortages in some sectors.

    “Proposition 308 is not only the right thing, but also the smart thing,” said John Graham, president of Sunbelt Holdings, an Arizona real estate management, investment and development firm, and board chairman of the Arizona State University Foundation.

    On other ballot initiatives, Arizona voters rejected one of the three referendums placed on the ballot by Republican state lawmakers that would limit the citizen’s initiative process. The defeated measure would have allowed the Legislature to make changes to voter-approved laws if one part of it was declared to be illegal.

    Two others referendums changing the initiative process were called by the AP Monday night. One changes the threshold for tax increases in initiatives to a 60% vote, while the other limits them to a single subject.

    Groups that back citizen initiatives say the changes will limit comprehensive measures. The Arizona Chamber of Commerce & Industry pushed for the limits after a series of initiatives passed, including a minimum wage increase and a tax on the wealthy to fund education that was overturned by the state Supreme Court.

    Arizona voters also approved a referendum creating a lieutenant governor office, but voted down a statewide sales tax increase for fire districts.

    Associated Press writer Bob Christie contributed to this report from Phoenix.

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